ABHIMANYU SINGH ALIAS SETHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioner has filed this third application for grant of bail under Sec. 439 Crimial P.C. in respect of FIR No.334/2014 registered at Police Station Udhyog Nagar, Sikar for offences under Sections 498-A and 304-B Penal Code in which after investigation charge-sheet was filed against the petitioner for offence under Sec. 306 IPC. The first application filed by the petitioner for grant of bail was dismissed by this Court on merit vide a reasoned order dated 8.5.2015 after considering the evidence collected during the course of investigation which was placed on record by way of copy of the charge-sheet. The second application was also dismissed by this Court vide order dated 28.7.2016 observing that there is no substantial change in the facts and circumstances of the case. The present application has mainly been filed after statements of as many as three prosecution witnesses have been recorded by the trial Court.

(2.) On the other hand, learned Public Prosecutor supported by learned counsel for the complainant submitted that there is no substantial change in the facts and circumstances of the case after dismissal of previous applications filed by the petitioner. After dismissal of first application petitioner went to Honourable Supreme Court for grant of bail by way of Special Leave to Appeal but the same was dismissed as withdrawn vide order dated 3.8.2015. The second application filed by the petitioner was dismissed by this Court after benefit of bail was granted by the trial Court to co-accused and, therefore, principle of parity is not applicable in the present case more particularly in view of the fact that the petitioner is husband of the deceased. It was also submitted that there is no delay on the part of the prosecution or the complainant party for the conclusion of the trial and, therefore, benefit of bail cannot be granted to petitioner on this account also more particularly in view of the gravity of the offence.

(3.) On consideration of submissions made on behalf of the respective parties and the material made available on record including the evidence collected during the course of investigation and statements of material prosecution witnesses so far recorded during the course of trial, I do not find any substantial change in the facts and circumstances of the case so as to grant benefit of bail to the petitioner.