Om Kanwar & Anr vs State on 14 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8173 / 2017

1. Om Kanwar W/o Mahendra Singh, Aged About 29 Years, By
Caste Rajput, R/o Joliyali, P.S. Pipar City, District Jodhpur.

2. Pawan Kanwar W/o Loon Singh, Aged About 50 Years, By Caste
Rajput, R/o Jaspali, P.S. Pipar City, District Jodhpur.
(At Present Lodged At Central Jail, Jodhpur)

—-Petitioners
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. N.K. Bohra.

For Respondent(s) : Mr. Deepak Choudhary, PP for the State.

For Complainant : Mr. Surendra Singh.

__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
14/09/2017

This bail application at the behest of petitioners is laid under

Section 439 Cr.P.C. arising out of FIR No.148/2017 of Police

Station Pipar City, Jodhpur, wherein both of them are charged for

offence under Sections 498A 306 IPC.

Learned counsel for the petitioners has argued that

petitioners have been falsely implicated in the matter. It is also

submitted by learned counsel that unnatural death of victim Ms.

Vishnu Kanwar occurred nine years after marriage and there is no

evidence to show that she was subjected to cruelty or harassment

by the petitioners with unlawful demand for any property or

valuable security. Learned counsel has also urged that prima facie

there is no evidence to show that on petitioners’ abetment the
deceased has committed suicide so as to constitute offence under

Section 306 IPC against them. Lastly, learned counsel has also

urged that both the petitioners are women and charge-sheet in

the matter has already been filed, therefore, they may be

enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application.

Learned counsel for the complainant has strenuously urged

that looking to the criminal delinquency attributed to the

petitioners, their bail plea is liable to be thwarted.

Having regard to the facts and circumstances of the case,

without expressing any opinion on merits of the case, I feel

persuaded to enlarge the petitioners on bail.

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

allowed and it is ordered that accused-petitioners (1) Om Kanwar

W/o Mahendra Singh, and (2) Pawan Kanwar W/o Loon Singh

arrested in connection with F.I.R. No.148/2017, Police Station

Pipar City, District Jodhpur, may be released on bail; provided

each one of them 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/78

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