BANWARI LAL SHARMA,J. - (1.) The present Misc bail applications under section 439 Cr.P.C., 1973 are preferred by the Accused/petitioners in the matter of FIR No. 24/2017 registered at Police Station Tatgarh, District Ajmer, for offences punishable under Sections 498-A, 406 and 304-B of IPC.
(2.) Learned counsel for the petitioners submits that the allegations levelled against the present petitioners are false and fabricated. There are only four members in family Khuman Singh (husband of deceased), Sukhdev (brother-in-law (Jeth)), Naina Devi @ Sumitra (sister-in-law (Jethani)), Smt. Meera Devi (mother-in-law), both the male members i.e. Khuman Singh and Sukhdev are Army personnel, Khuman Singh is deployed at Lucknow in training and Sukhdev is deployed on border, both the male members use to visit their family once in a year and only three ladies were residing at their native place Mathuwara, P.S. Tatgarh, District Ajmer. He submits that prior to this incident on 08.12.2016 deceased attempted to commit suicide, therefore her statement was recorded under Section 164 Cr.P.C., 1973 on 09.12.2016 by learned Judicial Magistrate First Class No. 1 Beawar, District Ajmer wherein she stated that she got married with petitioner Khuman Singh in the year 2013, it was specifically asked to her by the Magistrate that whether there was any demand of dowry by the husband or any member of her in-laws? for which she specifically denied. It was further asked that in connection to demand of dowry whether there was any harassment, for which she again specifically denied and stated that she consumed a tablet which is used to put in wheat and when again it was asked that why did you eat the tablet, she replied that she doesn't want to live. It was also asked whether her husband quarrels with her, she specifically denied that her husband doesn't quarrel with her. It was also asked that whether there was any pressure to eat tablet, for which she denied. Lastly, she stated that if she is being saved, she is in fear that after this incident her husband may leave her, which shows that deceased was in tendency of commit suicide and after attempting to commit suicide she was in fear that due to this act her husband may leave her.
(3.) He submits that the alleged incident took place on 04.06.2017 and prior to it on 28.05.2017 deceased Pooja visited to her Aunt-in-law where she took dinner and stayed there in night with her Aunt-in-law(Dolly) where she didn't whisper a single word against the petitioners. The independent witnesses Jaswant Singh, Hem Singh, Daulat Singh and Trilok Singh who are neighbours of the petitioners clearly stated that petitioners were implicated falsely, they never harassed the deceased. He submits that deceased in her statement recorded under Section 164 Cr.P.C., 1973 on 09.12.2016 clearly denied before the Magistrate that there was no demand of dowry or harassment. Thereafter, all of sudden the allegation regarding demand of dowry was levelled falsely after lapse of four years of marriage which is unbelievable.;