PRABHU DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has laid this second bail application under Sec. 439 Cr.P.C. arising out of FIR No. 64/2017, registered at Police Station Ramsighpur, District Sri Ganganagar. At present, petitioner is facing trial for offence punishable under Ss. 498-A and 306 IPC in Sessions Case No. 47/2017 pending before Special Judge, Women Atrocities Cases, Sri Ganganagar.

(2.) First bail application on behalf of the petitioner was dismissed on 24th of August, 2017.

(3.) Pressing this second application for grant of bail, it is argued by learned counsel Mr. Thind that after rejection of first bail application, there is substantial change in the circumstances. It is submitted by learned counsel that alleged eye witness and cousin brother of deceased Ms. Vimla, has turned hostile during trial. While referring to the statement of P.W.3 Aatmaram, learned counsel submits that as per version of the witness, it was an accidental death due to drowning and, therefore, prima facie it is difficult to comprehend offence under Sec. 306 IPC i.e. abatement of suicide. It is also argued by learned counsel that though there are allegations about demand of dowry, but a cumulative reading of the evidence of parents of the deceased, it is rather difficult to presume that accused petitioner created such a situation wherein deceased was left with no other option but to end her life after fifteen years of matrimony so as to constitute prima facie offence under Sec. 306 IPC. With these submissions, learned counsel has urged that second bail application merits favourable consideration.