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Bhajan Lal vs State on 4 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12165/2019
Bhajan Lal S/o Mala Ram, Aged About 30 Years, By Caste
Bishnoi, R/o Village Pabuberi, Kartiya, P.s. Sedwa, District
Barmer. (At Present Lodged In District Jail, Barmer)

—-Petitioner
Versus
State, Through Pp

—-Respondent

For Petitioner(s) : Mr. RJ Punia
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Pradeep Shah, for the
complainant.

HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order

04/10/2019

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.77/2019 of Police

Station Sedwa District Barmer for the offences punishable under

Sections 498A, Section304B/Section34 IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of this effect that he has

instigated the deceased to commit suicide is absolutely false. It is

submitted that since the real sister of the petitioner was married

with real brother of the deceased, it is very difficult to

comprehend that the petitioner had ever harassed the deceased or

demanded dowry from her. It is submitted that as a matter of fact,

the petitioner was having doubt that his wife is in relation with

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somebody else and therefore, he went to his in-laws house and

complained about behavior of the deceased to her parents and

when the deceased came to know about it, she became upset and

committed suicide. It is also submitted that the allegation of

assault against the petitioner is false because as per the

postmortem report, there are no injury marks on the body of the

deceased and the cause of death is mentioned as asphyxia due to

hanging. It is further submitted that charge-sheet has been filed.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Bhajan Lal S/o

Mala Ram shall be released on bail in connection with FIR

No.77/2019 of Police Station Sedwa District Barmer provided he

executes a personal bond in a sum of Rs.50,000/- with two sound

and solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI),J

Surabhii/52-

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