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
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For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. JP Bhardwaj, PP.
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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
