JITENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 76/2018 of Police Station Sukher, District Udaipur for the offences punishable under Ss. 498-A and 304-B IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the wife of the petitioner committed suicide on 11/12/2018 in her parental house, where the petitioner was not present. Learned counsel for the petitioner has further submitted that from the statements of witnesses viz. Narpat Singh, recorded on 23/4/2018, Gulram Meena, Mamta Meena and Narendra Singh, recorded on 11/5/2018, it is clear that the deceased was not happy with her marriage with the petitioner as the petitioner was residing in a village and the deceased wanted to live in Udaipur only. Learned counsel for the petitioner has submitted that all the above named witnesses have specifically stated in their statements, recorded on 23/4/2018 and 11/5/2018, that the petitioner never harassed the deceased for dowry, rather, the deceased did not want to go to her in-laws and when her parents forcibly sent her to her in-laws on 3/2/2018, she went away from there without informing to anybody and returned to Udaipur only on 7/2/2018 and thereafter consumed poison on 11/2/2018 in her parental house.