HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 5159 / 2017
Rajendra Bharti Son of Maan Bharti, Aged About 21 Years,
Resident of Kareli, Sarada Police Station, District Udaipur.
(Confined in District Jail, Dungarpur)
State of Rajasthan
For Petitioner(s) : Mr.D.S.Udawat
For Respondent(s) : Mr.A.S.Rathore PP for the State.
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI,
1. The present bail application has been filed under
Section 439 Cr.P.C. on behalf of the petitioner who is in custody in
connection with F.I.R. No.100/2017, Ashpur Police Station,
District Dungarpur, for the offences under Sections 498-A
and 306 IPC.
2. Heard learned counsel for the petitioner and the
learned Public Prosecutor.
3. The present petitioner is the husband of the deceased
lady and is in custody and facing investigation for the offences
under Sections 498A and 306 IPC.
(2 of 3)
4. After perusal of the dying declaration in the case diary,
it appears that the incident took place at the residence of
maternal uncle (mama) of the deceased girl, where for some
trivial reason, a discord happened between the husband and wife,
whereupon the deceased lady became annoyed with her husband
for not supporting her when required. The deceased lady in her
dying declaration has further stated that she had normal
relationship with her husband and out of sheer frustration, she
poured kerosene upon herself, whereupon her husband and
maternal uncle (mama) snatched way the matchbox and the
kerosene from her hands and counselled her for not doing any
such act. The deceased lady further stated in the dying declaration
that she became normal after she was counselled by her husband
and maternal uncle (mama), but the tension remained in her
mind, and therefore, she set herself on fire, and thereafter, the
fire was doused by her husband and he rushed her to the hospital
with the help of his relatives.
5. Having regard to the facts and circumstances of the
case and upon a consideration of the arguments advanced at the
Bar as also taking note of the aforementioned dying declaration
and the fact that the petitioner is in custody and investigation
from him is no more required, this Court is of the opinion that the
bail application filed by the petitioner deserves to be accepted.
4. Consequently, the bail application is allowed. It is
ordered that the accused-petitioner Rajendra Bharti Son of
Maan Bharti arrested in connection with F.I.R.
No.100/2017, Ashpur Police Station, District Dungarpur
(3 of 3)
shall be released on bail; provided he furnishes a personal bond of
Rs.50,000/- with 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.
(DR. PUSHPENDRA SINGH BHATI)V.J.