Ghanshyam vs State on 28 June, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 5255 / 2017
Ghanshyam S/o Narayan, By Caste Soni, Resident of Indra Chowk,
Gangashahar, District Bikaner. (In Judicial Custody At Central Jail,
Bikaner)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Sr. Adv. Mr. JS Choudhary assisted by
Mr. Tarun Dhaka
For Respondent(s) : Mr. KV Vyas, PP for the State
Mr. Kaushal Gautam for the complainant
__
HON’BLE JUSTICE GOVERDHAN BARDHAR, VACATION
JUDGE
Order
28/06/2017

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.25/2017 registered at Mahila Police Station

Bikaner, for the offences under Section 498A, 307 and 143

IPC.

Learned counsel for the petitioner argued that the Police has
not found the offence punishable under Section 307 IPC, only the
investigation for offences punishable under Sections 498A, 406
and 323 IPC are pending and the offences are triable by the court
of learned Magistrate. Counsel further argued that the injury
found on the person of Smt. Ekta Soni is simple in nature and is
on non-vital part of body, in fact Smt. Ekta Soni did not want to
live with the petitioner and his family members, dut to which she
herself inflicted injuries on her body. In the F.I.R there is no
(2 of 2)
[CRLMB-5255/2017]

specific allegation against the accused-petitioner. Accused-
petitioner has surrendered before the trial Court on 07.06.2017
and he is in judicial custody since his arrest, his custody is not
required for the purpose of custodial investigation and he may be
released on bail.

Learned Public Prosecutor and counsel for the complainant
opposed the bail application and argued that the injury found on
the body of Smt. Ekta Soni is dangerous to life as per opinion of
the medical officers, but the investigation agency has wrongly
discarded the opinion of the medical officers. The recovery of
belongings of the complainant are yet to be recovered from the
accused-petitioner.

I have perused the case diary. The accused-petitioner is
husband of the complainant and the marriage was solemnized on
25.11.2013. After one year of the marriage out of wedlock one
son was born. It is needless to say that if any recovery is pending
the investigating agency may recover during investigation. The
accused-petitioner is in judicial custody since his arrest.

Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the bar, this
Court is of the opinion that the bail application filed by the
petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered
that the accused-petitioner Ghanshyam S/o Narayan arrested
in connection with F.I.R. No.25/2017 registered at Mahila
Police Station, Bikaner 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.

(GOVERDHAN BARDHAR)V.J.

amit/25

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