VIJENDRA KUMAR 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 connection with FIR No. 355/2018 of Police Station Tibbi, District Hanumangarh for the offences punishable under Ss. 498-A and 306 I.P.C. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that after rejection of second bail application of the petitioner, statements of complainant Vishal S/o Jagdish Rai (PW-2), who happened to be brother of the deceased, have been recorded before the trial court wherein he has not supported the prosecution story and turned hostile. It is also submitted that Dr. Om Prakash Agarwal (PW-1) has stated in his statements that when the deceased was brought to his hospital for treatment she had told him that she herself consumed poison by mistake. Learned counsel for the petitioner has submitted that in view of the fact that since the complainant has not supported the prosecution story and Doctor has given statement that the deceased told him that she herself consumed poison by mistake, it is clear that the petitioner has falsely been implicated in this case.