Chhagna Ram vs State on 9 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2960 / 2017
Chhagna Ram S/o Sh. Jepa Ram,, Aged About 24 Years, B/c
Meghwal, R/o Village Ledarmer, Police Station, Ramseen, District
Jalore (raj) (presently Lodged in Central Jail, Jodhpur )

—-Petitioner
Versus
State of Rajasthan Through Public Prosecutor.

—-Respondent
__
For Petitioner(s) : Mr.Pradeep Shah.

For Respondent(s) : Mr.Deepak Choudhary, P.P.
For Complainant(s): Mr.Shyam S. Khatri.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
09/05/2017

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.20/2016, P.S. G.R.P. Barmer, for the offences under

Sections 498A, 304B I.P.C. 3/4 of Dowry Prohibition Act, in

alternative 302 I.P.C.

Heard learned counsel for the petitioner, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

The petitioner was married to deceased Smt.Indra ( bUnz) a

year before the incident. On 6.12.2016, she committed suicide by

throwing herself in front of a running train. On 8.5.2016, a typed

report was lodged by her father Rekha Ram before the SDM

Bhinmal in which general allegations of demand of dowry and

harassment were levelled against the father in law Jepa, mother in

law Bhoki, sister in law Indira and husband Chhagna. However,

when the informant Rekha Ram was examined by the SDM in the

inquest proceedings, he clearly alleged that the sister in law Indira
(2 of 2)
[CRLMB-2960/2017]

was bearing ill will against the deceased Smt.Indra ( bUnz) and used

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to beat her. The petitioner is alleged to be siding with his sister

and did not support the deceased as a result whereof, she became

perturbed and ended her life by throwing herself in front of a

running train. Statement of one Dhukha Ji was recorded by the

Investigating Officer under Section 161 Cr.P.C. who clearly stated

that the in laws used to keep the deceased Smt.Indra ( bUnz) as

their daughter and that once, at her father’s house, she caught

hold of live electric wires in order to commit suicide. Thereafter

the petitioner got her treated.

In view of above and having regard to the entirety of facts

and circumstances as available on record and upon a consideration

of the arguments advanced at the Bar, this Court is of the opinion

that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Chhagna Ram arrested in

connection with F.I.R. No.20/2016, P.S. G.R.P. Barmer 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.

/tarun goyal/
Sr.P.A

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