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Top Singh vs State Of Rajasthan on 6 May, 2019

S.B. Criminal Miscellaneous III Bail Application No. 10175/2018

Top Singh S/o Madanji, Aged About 22 Years, B/c Oad, Chandur ,
Tehsil Jaswantpura , Distt. Jalore (Raj)
(At present Confined In Sub Jail , Bhinmal)

The State of Rajasthan


For Petitioner : Mr. Lalit Bhandari
For Respondent : Mr. Gaurav Singh, PP




After rejection of the second bail application by this Court

vide order dated 28/09/2019, the present third bail application

has been filed under Section 439 Cr.P.C. on behalf of the petitioner

who is in custody in connection with F.I.R. No.108/2018, Police

Station Ramsin, District Jalore for the offences under Sections 307

and Section498A IPC.

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 second bail application, the statements of PW.3

Jyoti and PW.4 Ganesha Ram have been recorded. He submits that

it is not possible that if a person is burnt by the kerosene then

only the selected parts of the body will get injured. He submits

that as per the case as projected by the prosecution, there are no

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burn injuries on the head, eye and face of Jyoti. The petitioner

himself had taken Jyoti to the hospital.

The learned Public Prosecutor vehemently opposes the bail


I have considered the submissions of learned counsel for the

parties and have gone through the statement of PW.3 Jyoti. She

has categorically stated that the present petitioner Top Singh has

poured kerosene over her body and set her ablaze due to which

she had sustained the burn injury. The injury report also shows

the presence of 50% burn injuries on the body of Jyoti.

Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

Accordingly, the third application preferred by the petitioner

under Section 439 Cr.P.C. is dismissed.



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