1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 4392/2009 Naresh Kumar vs. State of Rajasthan Dated : 17.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. M.K. Kaushik, for the petitioner. Mr. S.K. Gupta, for the complainant. Mr. G.S. Fauzdar, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. M.K. Kaushik Advocate on behalf of the applicant Naresh Kumar pertaining to F.I.R. No. 135/2009 of Police Station Pilani, District Jhunjhunu in the offences under Sections 498-A and 306 of IPC. 2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the petitioner has been falsely implicated and is in no way connected with the commission of offence of Section 306 of IPC in the instant case. It is the deceased Krishna who was very ambitious and wanted a separate house for her family. It was the reason that she started living separately from her father in law and mother in law. When her parents also refused to aid her financially, she got depressed and under that depression, she committed suicide. There is no evidence which could even little reflect that the petitioner abetted his wife Krishna to commit suicide. The petitioner has been in custody for quite a long time, hence, he may be granted indulgence of bail. 2 4. Learned counsel for the complainant as also learned Public Prosecutor has vehemently opposed the bail application and has contended that in fact, it is a case of murder but the police has filed the charge-sheet in the offence under Section 306 of IPC. The deceased is found to have sustained as many as 30 injuries all over her body. Learned counsel further contended that if any person jumps into well or he is thrown by any person into the well, it is not possible that the person falling in the well get injuries all over her body. The injury report reveals as if her every limb of the body was fractured and thereafter, thrown into the well just with a view to give a colour of committing suicide. There is ample evidence on record which could evince that the petitioner abetted her to commit suicide, hence, the bail petition deserves to be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merit of the case but keeping in view the gravity of offence, do not deem it just and proper to grant any bail to the petitioner and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner stands dismissed. (MAHESH BHAGWATI)J. Mak/- s-2