BHAGSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No. 514/2023 registered at Police Station Bhusawar, District Bharatpur Rajasthan, for the offences punishable under Ss. 498A & 304B of IPC. Later on, Police filed charge-sheet in this matter for the same offences.

(2.) Learned Counsel for the petitioner submits that petitioner has falsely been implicated in the case. Counsel submits that two real sisters including deceased were married in the same family with two real brothers. Counsel submits that at the time of marriage, younger sister was not sent to the matrimonial home on account of the fact that she was too young and after two and half years, she was sent to her matrimonial home and till then, there was no complaint with regard to the harassment of her elder sister. Counsel sumits that younger sister of the deceased has been examined during the course of trial as PW-6 wherein she clearly stated in her cross-examination that at the time of death of her elder sister, there was no dispute between the families and therefore, dead body of the deceased was handed over to the inlaws. Counsel submits that as per post- mortem report, cause of death is asphyxia due to ante-mortem hanging. Counsel submits that except ligature mark, no other injury was found on the person of the deceased. Petitioner is in custody since 6/12/2023 and till date, out of 27 witnesses, only 19 witnesses have been examined and furthermore time in conclusion of trial cannot be rules out. Further custody of the petitioner would not serve any fruitful purpose.

(3.) Learned Public Prosecutor opposes the submission made by Counsel for the petitioner.