S.B. CRIMINAL MISC. BAIL APPLICATION NO. 2469/2007 (Ugma Ram alias Uma Ram Vs. State of Raj.) DATE OF ORDER : 5.7.2007 HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. H.S. Balot,for the applicant. Mr. Vishnu Kachhawaha, Public Prosecutor. Mr. Dhirendra Singh, for the complainant. Heard learned counsel for the applicant as well as learned Public Prosecutor for the State and learned counsel for the complainant. The accused is facing charge under Sections 498-A, 304-B and 201 IPC. The deceased Uma Ram was married to the accused in the year 1998 and Muklawa took place on 13.2.2005. On 14.4.2007, a telephonic message was sent to the deceased father, who came and he saw the injuries on the person of the deceased but by compulsion and pressure of the husband of the deceased, post-mortem of the deceased could not be conducted. The FIR as lodged by the father of the deceased and statement recorded during trial clearly reveals that a prima facie case under Sec. 304-B IPC is made out. At this juncture, looking to the facts and circumstances of the case, it is not a fit case to enlarge the accused-petitioner on bail under Section 439 Cr.P.C. Accordingly, the bail application under Section 439 Cr.P.C. is rejected with liberty to the petitioner to file afresh as and when the statement of Dhanraj is recorded before the trial court. The trial court is directed to record the statement of Dhanraj as early as possible preferably as first witness. (BHANWAROO KHAN),J. RM/-