HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 2837 / 2017
Mohd. Irfan S/o Late Sh. Mohd. Salim Chipa,, By Caste Muslim,
R/o 140, Ramdwara Chauk Ayad, Udaipur, At Present R/o House of
Hazi Mohd. 586- Ramdwara Chawk, Ayad, P.S. Bhopalpura,
Udaipur. (At Present Lodged in Central Jail, Udaipur)
State of Rajasthan
For Petitioner(s) : Mr. Arun Dadhich
For Respondent(s) : Mr. Rajesh Bhati, P.P.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.212/2016, Police Station Bhoapalpura, Udaipur for
the offences under Sections 498A, 304B and 406 IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material on record.
The statement of the first informant P.W. 2 Mohd. Babar the
father of the deceased has been recorded by the trial court.
Learned counsel contends that there is no material on record of
the case to show that the petitioner ever harassed or humiliated
his wife Nilofar on account of demand of dowry. As a matter of fact
Nilofar had taken some loans which she failed to repay and under
(2 of 2)
pressure thereof she committed suicide. He thus prays that the
petitioner deserves to be enlarged on bail.
Learned P.P. vehemently opposes the submissions advanced
by the learned counsel for the petitioner.
Having regard to the entirety of facts and circumstances as
available on record but without commenting on the merits of case,
this Court is of the opinion that the petitioner deserves to be
released on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Mohd. Irfan arrested in connection
with F.I.R. No.212/2016 P.S.Bhopalpura, Udaipur shall be released
on bail; provided he furnishes a personal bond of Rs.50,000/- and
two surety bonds of Rs.25,000/- each to the satisfaction of the
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.
(SANDEEP MEHTA), J.