Manish vs State on 23 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Criminal Misc. Bail No. 4385 / 2017

Manish S/o Shri Jagdish Vedi,, By Caste Tak Shatriya, R/o-15,
Pritam Pahalwan Ki Gali, South Sunderwas, Pratapnagar, Udaipur.
(Presently Lodged in Central Jail, Udaipur)

—-Petitioner

Versus

The State of Rajasthan

—-Respondent

__
For Petitioner(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.AS Rathore, PP.
__

HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
23/05/2017

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.65/2017, registered at Police Station

Mahila Thana, Udaipur for the offences under Sections 498A, 323

and 308 IPC.

Learned counsel Shri Menaria representing the petitioner

submits that the petitioner is ready to repent for his acts and to

express repentance, he is ready to offer compensation of Rs.3
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[CRLMB-4385/2017]

lakhs and in addition offers to make payment of maintenance

pendent lite at the rate of Rs.5,000/- per month to the injured

Smt.Hemlata being his wife. He further urges that as the offences

alleged against the petitioner are punishable with maximum

imprisonment of seven years, he deserves to be released on bail.

Learned P.P. vehemently opposes the submissions advanced

by the petitioner’s counsel and submits that if at all, this Court is

inclined to consider the prayer for bail, then the compensation

may be enhanced.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case and looking to the offer of

compensation and maintenance made on behalf of the petitioner,

this Court is of the opinion that the petitioner deserves to be

released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Manish arrested in

connection with F.I.R. No.65/2017, registered at Police Station

Mahila Thana, Udaipur shall be released on bail upon his

depositing a sum of Rs.3,00,000/- in the trial Court by way of a

demand draft with an undertaking that he shall pay maintenance

to the tune of Rs.5,000/- per month pendente lite to the

complainant and upon furnishing a personal bond of Rs.50,000/-

and two surety bonds of Rs.25,000/- each to the satisfaction of

the learned trial court with the stipulation to appear before that

Court on all dates of hearing and as and when called upon to do

so. The amount of Rs.3 lakhs shall be placed by the Court below in
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a fixed deposit receipt prepared in the name of the complainant

Smt.Hemlata for a minimum period of five years.

The amount of maintenance of Rs.5,000/- per month shall

be exclusive of any amount which may be awarded to Smt.

Hemlata by the competent Court in other maintenance

proceedings.

(SANDEEP MEHTA)J.

S.Phophaliya/-

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