BailAppl 8916/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Criminal Misc. Bail Application No.8916/07 Nathu Lal Bagda Versus State [2] S.B. Criminal Misc. Bail Application No.9135/07 Smt. Santosh Sharma Versus State DATE OF ORDER : 07/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. G.S. Rathore, for accused-applicants Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the applicants as well as learned Public Prosecutor for the State and perused the material on record. Present applicants are father & mother-in-law of deceased Seema wife of Mukesh. FIR was registered against Mukesh and the present accused- applicants because of unnatural death by her father Kajod Mal for offence u/ss.498-A & 304-B IPC. Initially statement was recorded immediately after the incident. Challan was filed against her husband Mukesh and further investigation u/s.173 (8) Cr.P.C. was kept pending. Later on, supplementary statements were recorded, particularly, of her neighbourer/friend Asha Agrawal and Usha Sharma and also of maternal uncle with whom she thorughout remained from her childhood and also of her father Kajod Mal. In view of supplementary statements recorded, accused-applicants are apprehending for their arrest. BailAppl 8916/07 [2] One of contentions advanced by counsel for applicant is that their statements were recorded immediately after the incident u/s.161 Cr.P.C. and no incriminating material found at the relevant stage. The supplementary statements recorded of same very witness at a later stage could not be taken into consideration for the purposes of proceeding against present accused-applicants. Without going into merits of the matter, this court is not inclined to grant anticipatory bail u/s.438 Cr.P.C. Consequently, the both the bail applications stand rejected. However, if applicants surrender before learned trial Judge, their bail application be simultaneously considered in accordance with law. [AJAY RASTOGI], J. FRBOHRA8916Bail Application2007 7-2.doc