Shankar vs State on 29 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 10870 / 2017
Shankar S/o Shri Nanga, Aged About 27 Years, By Caste Gaduliya
Lohar, R/o Majawad, Police Station Gogunda, Udaipur. (Presently
Lodged in Central Jail, Udaipur).

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. JP Bhardwaj, PP.
__
HON’BLE MR. JUSTICE G.R. MOOLCHANDANI
Order
29/11/2017

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the material on record.

Petitioner has filed this petition under Section 439 Cr.P.C.

seeking regular bail in F.I.R. No. 198/2017 registered at Police

Station Gogunda, Udaipur for offence u/S 498A, 306 of IPC.

Learned counsel for the petitioner has contended that

petitioner has wrongly been implicated in this case and marriage

between deceased and the petitioner had taken place a decade

ago and there was no evidence to suggest allegations regarding

demand of dowry soon before the alleged demise of the deceased.

Petitioner is behind the bars for unnecessary reason, so he be

granted bail.

Learned Public Prosecutor has opposed the bail application.

(2 of 2)
[CRLMB-10870/2017]

Heard and perused the material available on the record.

Copy of autopsy report dt. 30.07.2017 discloses that the cause of

death of deceased Geeta wife of Shankar Lal was found cardio

respiratory arrest because of asphyxia due to ante mortem

drowning and it is not disputed that the marriage had taken place

about 10 years back. Statements recorded under Section 161 of

Cr.P.C. of witness Ramesh s/o Banshilal, stated to be real brother

of the deceased Geeta has got a recital that because of “cruelty

she committed suicide by jumping into anicut.

For the reasons discussed and after considering the material

available on the record the instant petition seeking bail is hereby

allowed and petitioner Shankar s/o Nanga is enlarged on bail

Considering the afore-discussed facts and circumstances and

the material available on record and without entering into the

merits of the case, the present petitioner deserves to be allowed.

Accordingly, the bail petition is allowed, petitioner Shankar

S/o Shri Nanga, be released on bail provided he furnishes personal

bonds in the sum of Rs. 50,000/- with two sound and solvent

sureties of Rs. 25,000/- each to the satisfaction of learned trial

court.

(G.R. MOOLCHANDANI)J.

Ashu/70

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