HEERA LAL Vs. STATE

JUDGEMENT

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

(2.) The petitioner has been arrested in connection with FIR No. 57/2018 of Police Station Gida, Barmer for the offences punishable under Ss. 498A, 304B and 302 I.P.C. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he along with his mother had harassed deceased for dowry and on account of that, she died of unnatural death within a period of seven years from her marriage. Learned counsel for the petitioner has submitted that during the course of investigation, the police have recorded statement of real brother of deceased Dheeraj Kumar, who has alleged that the petitioner had demanded dowry and harassed his sister and, therefore, she committed suicide by drowning herself in water tank. It is argued that now the statement of said witness Dheeraj Kumar has been recorded before the trial court as PW-1 wherein he has not supported the prosecution story and specifically stated that his sister was keen to live with the petitioner, who is serving as Constable in Rajasthan police and posted at Jalore, but since the petitioner and his mother have refused to send her to Jalore, she committed suicide. Learned counsel for the petitioner has submitted that though statements of other witnesses namely mother, father and other brothers of the deceased have not been recorded before the trial court but from the statement of Dheeraj Kumar PW-1, it is clear that allegations of demand of dowry and harassment levelled against the petitioner are false. Learned counsel has also argued that as a matter of fact, the sister of the petitioner is married to brother of the deceased and in such situation, it is difficult to comprehend that any dowry was demanded by the petitioner though his real sister is married in family of the deceased. Learned counsel for the petitioner has submitted that co-accused Lachhi Devi has already been enlarged on bail.