1 S.B.CRIMINAL MISC. 2nd BAIL APPLICATION NO. 6301/2009. (Manak Lal Damor Vs. State of Rajasthan) Date of Order :: 3rd December 2009. HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Deepak Menaria for the petitioner. Mr. O.P.Singaria, Public Prosecutor. .. BY THE COURT: The petitioner is accused of offences under Sections 304B, 498A IPC for death of his daughter-in-law allegedly for consumption of poisonous substance with the allegations of the petitioner and his son, husband of the deceased, having ill-treated and physically assaulted her. The first bail application as moved by the petitioner was dismissed as not pressed on 28.10.2009. After filing of result of investigation on 31.10.2009, the petitioner moved the bail application afresh before the learned Sessions Judge that came to be rejected on 25.11.2009 finding no substantial change of circumstance; and the charges being of grievous nature. It has been sought to be argued in this bail application that investigation of this case had been rather casual, incomplete and even incorrect; and in that regard the recovery memo of the bottle allegedly containing the poisonous 2 substance, as drawn on 22.09.2009, has been referred where the Investigating Officer has allegedly shown thumb impression of the deceased Smt.Nisha, who had expired on 17.09.2009. However, the contents of the said memo are that said bottle was produced by Smt.Sapna. An incongruity or doubt in such recovery memo, in the opinion of this Court, at this stage does not make out a case for grant of bail to the petitioner particularly when it is noticed that in the evidence collected during investigation, the allegations have been made by the witnesses that the petitioner and his son i.e., the father-in-law and the husband of the deceased ill-treated and assaulted her; and even further suggestions have been made of the deceased having informed her relatives about the husband and father-in-law having given her beating in the morning of the fateful day. In the totality of circumstances, at this stage, this Court does not find it a fit case for grant of bail. The second bail application moved on behalf of the petitioner Manak Lal Damor s/o Doongar Damor under Section 439 Cr.P.C. stands rejected. (DINESH MAHESHWARI), J. MK