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Top Singh vs State Of Rajasthan on 28 September, 2018

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
(2 of 2) [CRLMB-8130/2018]

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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