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Narpat Singh vs State on 13 April, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2527 / 2018
Narpat Singh S/o Bhanwar Singh, By Caste Rajput, Resident of
Shekhasar, Presently, Nehru Colony, Bap, P.S. Bap, District
Jodhpur. (In Judicial Custody At Sub Jail, Phalodi, District Jodhpur)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with Mr.
Narpat and Mr. Pradeep Choudhary
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
13/04/2018

Accused-petitioner has preferred this third bail application

under Section 439 Cr.P.C. arising out of CR No.92/2016 of Police

Station Baap, Jodhpur.

Police after investigation submitted charge-sheet in the

matter against present petitioner and two others for offence under

Sections 498A, 304 B and 201 IPC. Presently, trial in Sessions

Case No.103/2016 is under progress before Additional Sessions

Judge, Phalodi, District Jodhpur.

The first bail application laid on behalf of petitioner was

dismissed as not pressed on 15.12.2016. Later on, the petitioner

filed second bail application which was registered as S.B. Criminal

Misc. Bail Application No.8356/2017 and the same was rejected on

26.10.2017.

(2 of 3)
[CRLMB-2527/2018]

Pressing this third bail application, it is submitted by learned

counsel that in absence of any evidence of specific demand for

dowry or cruelty, and harassment meted out to the deceased by

petitioner, it would not be appropriate to keep the petitioner under

further incarceration. It is also argued by learned counsel that

petitioner is in custody since 23.09.2016. Learned counsel

submits that mother of the deceased has not attributed any

substantial role for demand of dowry or perpetrating cruelty on

deceased by the petitioner. It is also submitted by learned

counsel that so far during trial only 11 witnesses have been

examined and prosecution in all has cited 32 witnesses, therefore,

conclusion of trial is likely to take considerable time. Lastly,

learned counsel has argued that co-accused Baby Kanwar, mother-

in-law, against whom there was specific allegation for demand of

dowry and perpetrating cruelty to the deceased has been enlarged

on bail.

Per contra, learned Public Prosecutor has opposed this third

bail application. It is also argued by learned Public Prosecutor

that there is no change after rejection of second bail application.

I have bestowed my consideration to the arguments

advanced at the Bar.

Upon perusal of the material available on record and the

evidence which is tendered during trial, in my opinion, insinuation

against the petitioner for demand of dowry or harassing the

deceased for demand of dowry and perpetrating cruelty to the

deceased prima facie not of sterling worth. That apart, it is

evident from the statements of mother of the deceased and P.W.7
(3 of 3)
[CRLMB-2527/2018]

to 9 that at the time of marriage petitioner had refused to take

any dowry.

In this view of the matter, the material change in the

circumstances has sufficiently persuaded this Court to consider

bail plea of the petitioner favourably.

Accordingly, this third bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-petitioner, Narpat

Singh S/o Bhanwar Singh, arrested in connection with F.I.R.

No.92/2016, Police Station Baap, Jodhpur, may be released on

bail; provided he furnishes a personal bond of Rs.50,000/- with

two sureties of like amount to the satisfaction of learned trial

Court with the stipulation to appear before that Court on all dates

of hearing and as and when called upon to do so.

(P.K. LOHRA)J.

Bharti/188

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