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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