HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan
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
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
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.