SANDEEP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.175/2019, Police Station Rawala, District Sriganganagar, registered for the offence punishable under Ss. 304-B and 498-A of the Indian Penal Code.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.5094/2020) by this Court vide order dtd. 21/7/2020, liberty was granted to petitioner to file a fresh bail application after recording the statement of complainant, Chet Ram; thereafter, statement of Chet Ram as PW.1 has been recorded before learned trial Court; during cross-examination, PW.1 admitted that marriage of all the three daughters has taken place on the same day; at the time of marriage, no demand of motor-cycle and dowry has been made by the petitioner; both the families are daily wage workers; as per charge-sheet, offence punishable under Sec. 498-A has not been made out as per the Investigating Officer. He further stated that there is no evidence of instigation or provocation soon before the death of the deceased; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.