Ashok @ Kuna Ram vs State on 5 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7785 / 2017
Ashok @ Kuna Ram S/o Shri Naga Ram, Aged About 29 Years, By
Caste Brahmin, Resident of Manohar Singh Nagar, Belva, P.S.
Balesar, District Jodhpur.

(In Judicial Custody At Central Jail, Jodhpur)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by
Mr. Tarun Dhaka
For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
05/09/2017

Petitioner has laid this bail application under Section 439

Cr.P.C. arising out of C.R. Case No.23/2016 of Police Station

Balesar, Jodhpur, wherein petitioner and two other co-accused

persons are charged for offence punishable under Sections 498A

and 304 B IPC. After completion of investigation, charge-sheet

has been filed in the matter and presently trial of Sessions Case

No.66/2016 is going on before District and Sessions Judge,

Jodhpur District.

It is argued by learned Senior Counsel that although it is a

case of unnatural death of victim Pani Devi within seven years of

marriage but there is no iota of evidence that soon before her

death she was subjected to cruelty or harassment by the

petitioner for any demand of dowry. It is argued by learned
(2 of 3)
[CRLMB-7785/2017]

Senior Counsel that at the time of this tragic event, admittedly,

petitioner was not present at the scene of occurrence. Learned

Senior Counsel in this behalf has placed reliance on police

statements of witnesses Jetha Ram and Bhagga Ram, wherein

both of them have stated that when deceased Pani Devi died, due

to hanging, petitioner was not present. Learned Senior Counsel

has also urged that statements of both these witnesses also reveal

that just before the incident she had some quarrel with her sister-

in-law Sattu Devi, who has been enlarged on bail by the co-

ordinate Bench. Lastly, learned Senior Counsel would contend

that sessions trial is in progress and petitioner is under

incarceration since last almost one and a half years, therefore, in

the backdrop of facts and circumstances of the case, he may be

enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application of petitioner. It is argued by learned Public Prosecutor

that looking to the gravity and magnitude of criminal delinquency

attributed to the petitioner his bail plea is liable to be thwarted.

I have heard learned Senior Counsel, learned Public

Prosecutor and perused the materials available on record including

the statements of the witnesses.

Having regard to the facts and circumstances of the case and

taking into account a very vital fact that petitioner is under

incarceration since last almost one and a half years, I feel

persuaded to enlarge him on bail.

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

allowed and it is ordered that accused-petitioner, Ashok @ Kuna
(3 of 3)
[CRLMB-7785/2017]

Ram S/o Shri Naga Ram, arrested in connection with C.R.

No.23/2016, Police Station Balesar (Jodhpur), may be released on

bail; provided he furnishes a personal bond of Rs.50,000/- with

two sureties of like amount 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.

Bharti/52

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