HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
The State of Rajasthan
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
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)
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
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)
thorough investigation whereas the later conclusion is based on
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.