HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 8432 / 2017
Dilip S/o Devendra @ Pappu, By Caste Rao, Resident of – Railway
Station, Budhakhera, P.S. Kapasan, District Chittorgarh. (At
Present District Jail Chittorgarh)
State of Rajasthan
For Petitioner(s) : Mr. Sudhir Saruparia.
For Respondent(s) : Mr. Deepak Choudhary, PP.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the case diary.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.263/2017, registered at Police Station
Kapasan, District Chittorgarh for the offences under Sections 498A
and 306 IPC.
The petitioner was married to the deceased Smt. Nikita
about 12 years ago. She consumed some poisonous substance on
12.08.2017 and passed away as a result thereof. On going
through the statement of the most material prosecution witness
Sushri Kanishka daughter of the present petitioner and the
deceased, it is apparent that the petitioner was not present in the
house and had gone to his shop when the deceased consumed the
(2 of 2)
poisonous substance. Just before consuming the poisonous
substance, the deceased talked to her father Chhagan Lal. Though
initially, the case was registered for the offence under Section
304B IPC but thereafter, the offence has been converted to one
under Section 306 IPC. .
Having regard to the facts and circumstances available on
record and considering the fact that admittedly the petitioner was
not present in the house when the deceased Smt. Nikita
consumed the poisonous substance, I am inclined to enlarge the
petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Dilip arrested in
connection with the F.I.R. No.263/2017, registered at Police
Station Kapasan, District Chittorgarh shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- and 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.
(SANDEEP MEHTA), J.