HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 1440 / 2018
Vasudeo Son of Shri Kamji Nanoma, By Caste Meena, Resident of
Ghodafalla, Sagwara Police Station, District Dungarpur.
(LODGED IN SUB JAIL, SAGWARA)
State of Rajasthan
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
HON’BLE MR. JUSTICE P.K. LOHRA
Accused-petitioner has preferred this second bail application
under Section 439 Cr.P.C. arising out of FIR No.249/2017 of
Sagwara Police Station, District Dungarpur for offence under
Sections 498A, 306 IPC.
Police after investigation submitted charge-sheet in the
matter and presently trial is in progress before Additional District
and Sessions Judge, Sagwara, District Dungarpur as Sessions
The first bail application on behalf of petitioner was
dismissed as not pressed on 13.11.2017.
(2 of 3)
Arguing on this second bail application, it is submitted by
learned counsel that during trial statements of four witnesses have
now been recorded including that of P.W.1 Hakara, uncle of
deceased Itali and P.W.4 Hantok, mother of deceased, and both of
them have not supported the prosecution story. It is submitted by
learned counsel that a cumulative reading of the statements of
both the witnesses makes it abundantly clear that these
statements are per se not incriminating in nature to prove charged
offence against the petitioner. Learned counsel further submits
that autopsy report of deceased Itali is not suggestive of any
overt-act by the accused-petitioner. It is also submitted by
learned counsel for the petitioner that petitioner is in custody
since 06.09.2017 and in absence of concrete proof about offence
under Section 306 IPC, it would not be appropriate to keep him
under further incarceration.
Learned Public Prosecutor has opposed the bail application.
Having regard to the facts and circumstances of the case,
without expressing any opinion on merits of the case, I deem it
just and appropriate to grant indulgence to the petitioner by
enlarging him on bail.
Accordingly, this second bail application under Section 439
Cr.P.C. is allowed and it is ordered that accused-petitioner,
Vasudeo Son of Shri Kamji Nanoma, arrested in connection with
(3 of 3)
F.I.R. No.249/2017, Police Station Sagwara, District Dungarpur,
may be released on bail; provided he furnishes a personal bond of
Rs.50,000/- with two sureties of like amount 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.