HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
The State of Rajasthan
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
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
(2 of 3)
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
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)
to 9 that at the time of marriage petitioner had refused to take
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.