HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 10068 / 2017
Prabhu Dayal S/o Bhura Ram, Aged About 22 Years, By Caste
Meghwal, Resident of Village Swaroopsar, District Bikaner. (In
Judicial Custody At Central Jail, Bikaner)
The State of Rajasthan
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with Mr.
For Respondent(s) : Mr. Deepak Choudhary, Public Prosecutor.
HON’BLE MR. JUSTICE P.K. LOHRA
The instant bail application under Section 439 Cr.P.C. is
arising out of FIR No.45/2017, registered at Police Station Panchu,
District Bikaner, wherein petitioner, besides five other accused, is
charged for offence under Sections 498A, 304B, 302 34 IPC.
Police after investigation submitted charge-sheet in the
It is argued by learned Senior Counsel that deceased Ms.
Pushpa died due to drowning after accidentally falling in water
tank, and therefore, petitioner has been falsely implicated in the
matter. Learned Senior Counsel submits that the FIR was lodged
after a lapse of ten days from the incident. It is further contended
by learned Senior Counsel that the allegations to harass deceased
for demand of dowry are omnibus and there is no specific
(2 of 2)
allegation against the petitioner. Learned Senior Counsel would
contend that petitioner is brother-in-law (Devar) of the deceased,
and therefore, prima facie, there is no nexus of the petitioner with
commission of offence sans attribution of any overt-act. Lastly,
learned Senior Counsel has argued that after completion of
investigation charge-sheet has been filed and petitioner is in
custody since 26th of May, 2017, therefore, he may be enlarged on
Learned Public Prosecutor has opposed the bail application of
I have heard learned counsel for the petitioner, learned
Public Prosecutor and perused the materials available on record.
Having regard to the facts and circumstances of the case,
while refraining to make any comments on merits, I feel
persuaded to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner Prabhu Dayal S/o
Bhura Ram, arrested in connection with F.I.R. No.45/2017, Police
Station Panchu, District Bikaner, may be released on bail; provided
he 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.