The High Court of Rajasthan dismissed a bail application under Section 439 Cr.P.C. in a dowry death case. The court found the alleged injuries and poisoning consistent with the commission of crime within seven years of marriage.
The bail application is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11496/2021
Jitendra Sharma @ Jeetu S/o Shri Ramdayal Khati, Aged About 28 Years, R/o House No. P-27 Chetak Vihar Colony Jamdoli Agra Road Ps Kanota Dist. Jaipur Raj. (Presently Confined In Central Jail Jaipur)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Anoop Pareek For Respondent(s) : Mr. Sanjeev Kumar Mehla, PP Mr. Umashanker Pandey for complainant
HON'BLE DR. JUSTICE SANJEEV PRAKASH SHARMA
Order
18/10/2021
This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.353/2021 registered at Police Station, Kanota, Jaipur for offence under Section(s) 304-B of IPC.
Learned counsel for the petitioner submits that as per the statement of independent witnesses-Bhagwan Singh and Brijraj Sharma and Ganaga Devi, the petitioner was keeping his wife happily who was under depression on account of having twice aborted and she has committed suicide while the case has been registered under Section 304-B of IPC wrongfully.
On the other hand, learned counsel appearing for the complainant submits that as per the post mortem report, there is an injury on the left hand as well as there are other injuries and the deceased had died by poisoning. The death has occurred
(2 of 2)
[CRLMB-11496/2021]
within seven years and the case under Section 304-B of IPC is to be presumed.
Learned Public Prosecutor also opposes the bail application. Heard learned counsel for the petitioner and learned counsel appearing for the complainant as well as learned Public Prosecutor and perused the entire material available on record.
I have considered the submissions.
From the statement of independent witness-Furkaan Ali, the story and allegations as made by the complainant cannot be ruled out.
Keeping in view the death having been caused within a period of seven years of marriage, this Court is not inclined to grant bail to the petitioner. The bail application is accordingly
dismissed.
(SANJEEV PRAKASH SHARMA),J
SAURABH/25
1 issue framed by the court
Whether bail should be granted to the accused in a Section 304-B IPC case where death occurred within seven years of marriage.
1 provisions across 1 enactments
JITENDRA SHARMA @ JEETU
STATE OF RAJASTHAN
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
