HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Bail No. 8130/2018
Top Singh S/o Madanji, Aged About 22 Years, B/c Oad,
R/o.Chandur, Tehsil Jaswantpura, Distt. Jalore (Raj) (At Present
Confined In Sub Jail , Bhinmal)
—-Petitioner
Versus
The State Of Rajasthan.
—-Respondent
For Petitioner(s) : Mr. Lalit Bhandari
For Respondent(s) : Mr. K.V. Vyas, PP
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
28/09/2018
The petitioner has been arrested in connection with FIR No.
108/2018 of Police Station Ramsin, District Jalore for the offence
punishable under Sections 307, 498A of the IPC. He has preferred
this 2nd bail application under Section 439 Cr.P.C. after
rejection/dismissed of the first bail application on 06/08/2018 by
this Court.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record
Learned counsel for the petitioner submits that after
rejection of the first bail application on 06/08/2018, the challan
has been filed in the matter. He further submits that the
prosecution story is highly improbable as if somebody has poured
kerosene atop, then her head and face should have burnt first but
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it is not so in this case. He further submits that injured wife Jyoti
was taken to the hospital by her husband. He further submits that
the conduct of the injured is doubtful. He, therefore, prays that
the petitioner may be enlarged on bail.
On the other hand, learned public prosecutor has submitted
that in the statements of wife recorded under Section 164 of
Cr.P.C., she has categorically stated that she was burnt by her
husband after pouring kerosene on her. She was also threatened
by her husband that if she tells anybody that she was burnt by
him then he will leave her in the hospital. He, therefore, prays
that the present bail application may kindly be dismissed.
In view of above, I am not inclined to grant indulgence of
bail to the present petitioner.
Consequently, the present bail application is dismissed.
(VINIT KUMAR MATHUR),J
Sanjaysolanki, srpa
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