Chuna Ram vs State on 12 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 3993 / 2017
Chuna Ram S/o Farsa Ram,, By Caste Jat, Resident of Ratri, Police
Station Shri Balaji, Tehsil and District Nagaur (Raj.) (At Present
Lodged in District Jail Nagaur)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr.Rajiv Bishnoi.

For Respondent(s) : Mr.AS Rathore, PP a/w Mr.Rameshwar
Prasad, C.O., Nagaur and Mr.Pooranmal,
S.H.O., P.S. Shri Balaji.

__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
12/05/2017

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.133/2016, registered at Police Station

Shri Balaji for the offences under Sections 498A and 304B IPC.

Mr.Rameshwar Prasad, RPS, was C.O., Nagaur when the FIR

dated 16.10.2016 of the case at hand was lodged. He submitted a

factual report dated 8.11.2016 in the trial Court concluding that

after evaluating the entire evidence available on record, it came to

light that Muklawa of the deceased Chaini Devi with the petitioner

was solemnised on 9.4.2016. The deceased went to the

matrimonial home only on 3-4 occasions after the Muklawa and
(2 of 3)
[CRLMB-3993/2017]

stayed there for a maximum period of about one month. She was

not desirous of establishing consensual relations with her husband

and thus, used to avoid him on one pretext or the other. On the

day of occurrence, the petitioner husband and the deceased were

READ  State Of U.P. vs Mahesh Chandra Pandey And Ors. on 20 August, 1999

alone in the house. The petitioner asked the deceased to serve the

food on which she again an excuse that she would serve food after

offering prayers. The petitioner became annoyed and scolded her.

On this, the deceased became enraged, went out and jumped into

a water tank and committed suicide. The I.O. specifically

concluded as below :-

bl nkSjku ifr iRuh ds vkil esa ifr dks [kkuk f[kykus dh ckr dks ysdj dgklquh

gks tkus ij e`rdk dk ikuh ds Vkadk esa fxjdj [kRe gks tkuk crk;k gS] bl ckr dh

iqf”V vU; iM+kSfl;ku o LorU xokgku }kjk Hkh vius dFkuksa esa dh gSA e`rdk ds

lkFk ekjihV djus o gR;k djds ikuh ds Vkadk esa Mky nsus dh ckr fdlh Hkh xokg

us ugha crkbZ gSA

The subsequent I.O., however, filed a charge-sheet with the

conclusion that the accused demanded dowry from the deceased

soon before her death and that is why she committed suicide.

There is merit in the argument advanced by learned counsel

for the petitioner that the conclusion as drawn in the subsequent

investigation is totally conjectural. The I.O. intentionally recorded

the subsequent exaggerated statements of the witnesses for

reaching to this conclusion. He thus, urges that the petitioner

deserves to be released on bail.

Learned P.O. and the two I.Os. present in Court state that

there is nothing on record to question the initial conclusion

(reproduced above) drawn by the I.O. which was based on
(3 of 3)
[CRLMB-3993/2017]

thorough investigation whereas the later conclusion is based on

READ  Lakshmamma vs State Of Karnataka on 7 June, 2017

exaggerated subsequent version of the witnesses.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Chuna Ram arrested

in connection with the F.I.R. No.133/2016, registered at Police

Station Shri Balaji 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.

S.Phophaliya/-

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