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2017 DIGILAW 2842 (RAJ)

Chandraprakash v. State Of Rajasthan

2017-12-20

SABINA

body2017
JUDGMENT Sabina, J. - Petitioner has filed this petition under section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 367 of 2017 registered at Police Station Kekri, District Ajmer for offence under Sections 302 and 201 of Indian Penal Code, 1860 and Section 4, 7 of Rajasthan Prevention of Witch (Daain) Hunting Act 2015. 2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 13.08.2017. Challan has already been presented in the Court and conclusion of trial may take time. There is no post-mortem examination report on record to establish the fact that the deceased had died an unnatural death. There is inordinate delay of 10 days in lodging the FIR. Complainant had reached before the dead body could be cremated. 3. Learned State counsel on the other hand, has opposed the petition and has submitted that the deceased had died as she was made to eat human excreta and the same had been brought by the petitioner. 4. Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail. 5. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court. 6. Direction Given To Admit Petitioner To Bail.