Saruparam @ Swaroopram vs State on 29 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7021 / 2017
Sarooparam @ Swaroopram S/o Sajanram, Caste Vishnoi, Age 26
years, R/o Fatehsagar, P.S. Lohawat, District Jodhpur.
(At present lodged in Sub Jail, Phalodi).

—-Petitioner
Versus
State of Rajasthan.

—-Respondent
__
For Petitioner(s) : Mr. B.R. Godara.

For Respondent(s) : Mr. K.V. Vyas, PP for the State.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
29/08/2017

Petitioner has laid this bail application under Section 439

Cr.P.C. arising out of FIR No.30/2017 of Police Station Lohawat,

District Jodhpur for offences under Sections 354, 376, 511, 498A

304B IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

Police after investigation has submitted charge-sheet in the

matter against petitioner while keeping investigation pending

against some other accused-persons. At the moment, trial in

Sessions Case No.32/2017 is going on before Additional Sessions

Judge, Phalodi, District Jodhpur.

It is argued by learned counsel for the petitioner that so far

during trial seven witnesses have examined and most of them

have turned hostile. It is also argued by learned counsel that

complainant PW1 Ram Lal has also turned hostile by retracting
(2 of 2)
[CRLMB-7021/2017]

from his earlier version. Learned counsel has further submitted

that as the prosecution cited twenty four witnesses, completion of

trial is likely to take considerable time. With these submissions,

learned counsel has urged that petitioner may be released on bail.

Learned Public Prosecutor has vehemently opposed the bail

plea of petitioner.

Having heard learned counsel for the parties and taking into

account facts and circumstances of the case, without expressing

any opinion on merits of the case, I deem it just and appropriate

to grant indulgence to the petitioner by enlarging him on bail.

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

allowed and it is ordered that accused-petitioner Sarooparam @

Swaroopram S/o Sajanram, arrested in connection with F.I.R.

No.30/2017, Police Station Lohawat, District Jodhpur, may 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 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.

(P.K. LOHRA)J.

Twinkle Singh/14

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