HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 12562/2018

Bhanwar Lal S/o Shri Om Prakash, Aged About 20 Years, B/c Jat,
Bojhala, Police Station And Tehsil Bhadra District Hanumangarh.
(Lodged In Sub Jail, Bhadra)

—-Petitioner
Versus
State Of Rajasthan, Through Pp, Jaipur.

—-Respondent

For Petitioner(s) : Mr. Sunil Joshi
For Respondent(s) : Mr. K.V. Vyas, Public Prosecutor

HON’BLE MR. JUSTICE P.K. LOHRA

Order

15/01/2019

Accused-petitioner has preferred this second bail application

under Section 439 Cr.P.C. arising out of FIR No.347/2016,

registered at Police Station Bhadra, District Hanumangarh. Police,

after investigation, submitted charge-sheet against petitioner

alone for offence under Sections 304B 498A IPC while dropping

all other incumbents named in the FIR. At present, trial is

pending in Sessions Case No.7/2017 before Additional Sessions

Judge, Bhadra (Hanumangarh).

First bail application of the petitioner was dismissed on

01.11.2017 while deciding Criminal Misc. Bail No.9765/2017.

Arguing on this second bail application, it is submitted by

learned counsel that after rejection of first bail application there is

substantial change in the circumstances inasmuch as charges have
(2 of 3) [CRLMB-12562/2018]

been framed against petitioner. It is also urged by learned

counsel that learned trial Court has rejected the application of

complainant under Section 319 Cr.P.C. for summoning additional

accused persons, who were named in the FIR but not charge-

sheeted by investigating agency. Learned counsel contends that

substantially the allegations against the petitioner and other

accused, who were named in the FIR, are identical in the FIR

besides other material collected during investigation, and

therefore, castigation of the petitioner for offence under Section

304B IPC is under serious cloud. Learned counsel has also argued

that there is no tangible evidence to show that petitioner harassed

the deceased for demand of dowry just before her death. Learned

counsel has further submitted that the doctor, examined during

investigation, has stated that the deceased died a natural death

due to chest pain and there is no mark of external injury on her

person. Learned counsel would urge that in absence of autopsy

report, cause of death shown by the doctor is prima facie worth

credence.

Per contra, learned Public Prosecutor has opposed the second

bail application and submitted that death has occasioned within

two years of matrimony and there is evidence to show that

deceased was harassed for demand of dowry and subjected to

cruelty.

I have bestowed my consideration to the arguments

advanced at Bar and perused the material available on record.

(3 of 3) [CRLMB-12562/2018]

Having regard to the facts and circumstances of the case and

taking into account aforementioned material change in the

circumstances, while refraining to make any comment on merits, I

feel persuaded to accept this second bail application.

Accordingly, the second bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-petitioner

Bhanwar Lal S/o Shri Om Prakash, arrested in connection with

F.I.R. No.347/2016, Police Station Bhadra, District Hanumangarh,

may be released on bail; provided he furnishes a personal bond of

Rs.50,000/- with two surety bonds of Rs.25,000/- each 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.

(P.K. LOHRA),J

71-T.Singh/-

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