HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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)
—-Petitioner
Versus
The State of Rajasthan
—-Respondent
For Petitioner : Mr. Lalit Bhandari
For Respondent : Mr. Gaurav Singh, PP
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/05/2019
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
(Downloaded on 28/06/2019 at 01:47:45 AM)
(2 of 2) [CRLMB-10175/2018]
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
application.
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.
(VINIT KUMAR MATHUR),J
11-SanjayS/-
(Downloaded on 28/06/2019 at 01:47:45 AM)
Powered by TCPDF (www.tcpdf.org)
