Vinod Kumar vs State on 24 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Bail No. 8861 / 2017
Vinod Kumar S/o Sh. Bhadar Ram, B/c Nayak, R/o Ward No. 17,
Mammad Kheda, Police Station Lalgarh, Jatan, Tehsil Sadulsahar,
District Sri Ganganagar. (Presently Lodged in Central Jail Sri
Ganganagar)

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr.H.S.S.Kharlia.
For Respondent(s) : Mr.O.P.Rathi, P.P., Mr.Subhash Vishnoi.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
24/10/2017

The present second application for bail has been filed under

Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in

relation to F.I.R. No.336/2016, P.S. Lalgarh, Sriganganagar, for the

offences under Sections 498A and 306 I.P.C.

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

The first bail application submitted on behalf of the petitioner

was rejected by this Court giving him liberty to renew the prayer

for bail after examination of the witnesses Seema and Motha

Singh by the trial court. The witness Seema upon being examined

at the trial as P.W.3 did not level any allegation that the petitioner

being the husband of the deceased Smt.Sharda ever harassed or
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[CRLMB-8861/2017]

humiliated her on account of demand of dowry. All that

Smt.Seema alleged in her statement is that the husband and wife

used to quarrel because the petitioner used to return from work in

the late hours of the night. The witness Motha Singh did not

support the prosecution case and was declared hostile.

In this view of the matter and having regard to the entirety

of facts and circumstances as available on record and upon a

consideration of the arguments advanced at the Bar, this Court is

of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, this second application for bail is allowed. It is

ordered that the accused-petitioner namely Vinod Kumar arrested

in connection with F.I.R. No.336/2016, P.S. Lalgarh,

Sriganganagar 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.

/tarun goyal/

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