CHANDRAPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 367 of 2017 registered at Police Station Kekri, District Ajmer for offence under Sections 302 and 201 of Indian Penal Code, 1860 and Section 4, 7 of Rajasthan Prevention of Witch (Daain) Hunting Act 2015.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 13.08.2017. Challan has already been presented in the Court and conclusion of trial may take time. There is no post-mortem examination report on record to establish the fact that the deceased had died an unnatural death. There is inordinate delay of 10 days in lodging the FIR. Complainant had reached before the dead body could be cremated.

(3.) Learned State counsel on the other hand, has opposed the petition and has submitted that the deceased had died as she was made to eat human excreta and the same had been brought by the petitioner.