Dismissed

Deepa W/O Lt. Jitendra D/O Prakash @ Om Prakash v. State of Rajasthan

Rajasthan HC13 Aug 2024CRLMB/9951/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the petitioner's third bail application in a murder case, finding no grounds given the totality of facts and her relationship to the deceased, while directing expedited trial proceedings.

What did the court decide?

Third bail application dismissed; trial to conclude by 31.03.2025; witnesses produced on dates fixed.

Deepa W/O Lt. Jitendra D/O Prakash @ Om… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:34317]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 9951/2024

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Deepa W/o Lt. Jitendra D/o Prakash @ Om Prakash, R/o Berru, Police Station Sikri District Deeg (Raj.). (At Present Confined In Sub Jail, Deeg, (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. N.K. Singhal For Respondent(s) : Mr. Suresh Kumar, PP Mr. Soharab Khan Mr. Brajash Sharma Mr. Neeraj Kumar Sharma

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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13/08/2024

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The instant third bail application has been filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita (B.N.S.S) on behalf of the petitioner, who has been arrested in connection with FIR No.152/2022 registered at Police Station Nagar, District Bharatpur (Presently District Deeg) for the offences punishable under Sections 302 and 120-B of IPC.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that while rejecting the second bail application of the petitioner, liberty was granted to file fresh bail application after recording the testimony of sole eye-witness who is daughter of the petitioner and deceased. Counsel submits that the said sole eye-witness has not supported the prosecution case and has specifically levelled

(2 of 3)

[2024:RJ-JP:34317]

[CRLMB-9951/2024]

allegation against the co-accused person, to commit the murder. It has also been stated by her that the petitioner tried to save the deceased but she was hit by the co-accused person whereby she received head injury. It is further submitted that only five witnesses have been examined out of 33 cited prosecution witnesses till date. He submits that co-accused person of this case has already been granted bail by the co-ordinate bench of this court. Petitioner is in custody since 23.03.2022. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor assisted by the learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner. They submit that after considering all the submissions made by the learned counsel for the petitioner, first bail application of the petitioner was dismissed by a detailed order and bail of co-accused person was granted. They submit that knife and one laggie (cloth) have been recovered from the possession of the petitioner. They submit that same blood group “AB” has been found on the laggie (cloth), T-shirt & Jeans Pant of the deceased and the Stall (Chunni) of the petitioner. These articles were sent to the FSL for serological examination.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that the petitioner is the wife of the deceased and the deceased died in her presence in her room but she did not disclose to the police that co-accused

[2024:RJ-JP:34317]

[CRLMB-9951/2024]

(3 of 3)

Deepak murdered her husband, which is evident from the testimony of PW.1 Archana, I do not find any good ground to accept this bail application.

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Accordingly, this third bail application is dismissed. However, in order to expedite the trial, the complainant is directed to produce the witnesses for their evidence before the learned trial court on the dates fixed in the matter by it.

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Considering the fact that petitioner is female and she is in custody since March 2022, learned trial court is requested to make all endeavour to conclude the trial on or before 31.03.2025. Learned trial court is directed to ensure presence of the witnesses on the dates fixed for recording their evidence through the SHO concerned by making him personal responsible for their presence.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /45

Deepa W/O Lt. Jitendra D/O Prakash @ Om Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepa W/O Lt. Jitendra D/O Prakash @ Om Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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