FAJAL SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 03/2019 of Police Station Jamsar, District Bikaner for the offences punishable under Ss. 302, 449 IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that deceased - Nazma Bano wife of Iqbal Shah found dead in her house at Jamsar. It is submitted that on 2/1/2019, in the morning, the matter was reported to the police and brother of the deceased gave statements of this effect that deceased Nazma died as she fell down from the bed. Since no one complained about the death of Nazma, she was buried on the same day. However, on 5/1/2019, brother of the deceased filed a complaint while alleging that in the night of 1/1/2019, petitioner along with co-accused person Ameen Shah illegally entered into the house of the deceased and assaulted her, due to which, she died. It is stated by the complainant that he was informed about the incident by minor daughter of the deceased. On receiving the complaint, the police started investigation and arrested the petitioner and the coaccused person and filed charge-sheet against them with the allegation that on 1/1/2019, they illegally entered into the house of the deceased and thereafter, assaulted her, which resulted into her death. It is also submitted that as a matter of fact, no evidence is available on record to connect the petitioner with the commission of crime, except the statements of minor daughter of the deceased from whose statements, it is clear that at the time of the incident, her siblings, which are five in numbers, her grandmother and other persons were also present in the house. It is submitted that in view of the above fact, it is unbelievable that only one person i.e. minor daughter of the deceased witnessed the crime and none other saw it. Learned counsel has submitted that as a matter of fact, the petitioners have falsely been implicated in this case on account on enmity. It is further submitted that charge-sheet has been filed in the matter and trial of the case is likely to take time.