HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 7785 / 2017
Ashok @ Kuna Ram S/o Shri Naga Ram, Aged About 29 Years, By
Caste Brahmin, Resident of Manohar Singh Nagar, Belva, P.S.
Balesar, District Jodhpur.
(In Judicial Custody At Central Jail, Jodhpur)
The State of Rajasthan
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by
Mr. Tarun Dhaka
For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
HON’BLE MR. JUSTICE P.K. LOHRA
Petitioner has laid this bail application under Section 439
Cr.P.C. arising out of C.R. Case No.23/2016 of Police Station
Balesar, Jodhpur, wherein petitioner and two other co-accused
persons are charged for offence punishable under Sections 498A
and 304 B IPC. After completion of investigation, charge-sheet
has been filed in the matter and presently trial of Sessions Case
No.66/2016 is going on before District and Sessions Judge,
It is argued by learned Senior Counsel that although it is a
case of unnatural death of victim Pani Devi within seven years of
marriage but there is no iota of evidence that soon before her
death she was subjected to cruelty or harassment by the
petitioner for any demand of dowry. It is argued by learned
(2 of 3)
Senior Counsel that at the time of this tragic event, admittedly,
petitioner was not present at the scene of occurrence. Learned
Senior Counsel in this behalf has placed reliance on police
statements of witnesses Jetha Ram and Bhagga Ram, wherein
both of them have stated that when deceased Pani Devi died, due
to hanging, petitioner was not present. Learned Senior Counsel
has also urged that statements of both these witnesses also reveal
that just before the incident she had some quarrel with her sister-
in-law Sattu Devi, who has been enlarged on bail by the co-
ordinate Bench. Lastly, learned Senior Counsel would contend
that sessions trial is in progress and petitioner is under
incarceration since last almost one and a half years, therefore, in
the backdrop of facts and circumstances of the case, he may be
enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail
application of petitioner. It is argued by learned Public Prosecutor
that looking to the gravity and magnitude of criminal delinquency
attributed to the petitioner his bail plea is liable to be thwarted.
I have heard learned Senior Counsel, learned Public
Prosecutor and perused the materials available on record including
the statements of the witnesses.
Having regard to the facts and circumstances of the case and
taking into account a very vital fact that petitioner is under
incarceration since last almost one and a half years, I feel
persuaded to enlarge him on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner, Ashok @ Kuna
(3 of 3)
Ram S/o Shri Naga Ram, arrested in connection with C.R.
No.23/2016, Police Station Balesar (Jodhpur), 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.