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Dinesh Kumar vs State on 12 April, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2668 / 2018
Dinesh Kumar S/o Shri Duda Ram, By Caste Suthar, R/o-Village
Sadri, P.S. Sadri, Distt. Pali (Rajasthan).
(Presently Lodged At Sub Jail Bilara (Pichiyak), Distt Jodhpur).

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. P.K. Sharma
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
12/04/2018

Accused-petitioner has laid this second bail application

arising out of FIR No.122/2016 registered at Police Station Sadri,

District Pali.

At the threshold, when the FIR was lodged, petitioner was

charged for offence punishable under Sections 302, 498A, 406,

341 323 IPC. Police after investigation submitted charge-sheet

in the matter for offence under Sections 498A, 323 and 306 IPC.

Thereafter, the case was committed to Sessions Court and the

learned Sessions Judge framed charges for offence under Section

304B, alternatively under Section 302 IPC besides the aforesaid

offences.

It is argued by learned counsel that the order framing charge

for offence under Section 304B, alternatively under Section 302
(2 of 2)
[CRLMB-2668/2018]

IPC is subject-matter of judicial scrutiny before this Court in

Revision Petition No.320/2018. It is also argued by learned

counsel that the said order is stayed by the Court and after

considering the said order, Court has stayed further proceedings in

the matter. Learned counsel further submits that even from the

material available on record also, prima facie, offence under

Section 306 IPC is not made out. Lastly, learned counsel contends

that petitioner is in custody since 21.05.2017, therefore, in that

background, his second bail application merits favourable

consideration.

Learned Public Prosecutor has opposed the second bail

application.

Having regard to the facts and circumstances 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, Dinesh

Kumar S/o Shri Duda Ram, arrested in connection with F.I.R.

No.122/2016, Police Station Sadri, District Pali, 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.

(P.K. LOHRA)J.

Bharti/118

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