HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12106/2019
Bhawani Singh @ Guman Singh S/o Sh. Bhom Singh, Aged
About 26 Years, B/c Rajput, R/o Moriya, P.s. Lohawat, Distt.
Jodhpur. (Presently Lodged In Sub Jail, Phalodi, Distt. Jodhpur)
—-Petitioner
Versus
State, Through Pp
—-Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
04/10/2019
The petitioner has been arrested in connection with FIR
No.101/2018 of Police Station Lohawat, District Jodhpur for the
offence punishable under Sections 498A, Section304B IPC. He has
preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed on 04.09.2018 as not
pressed.
Counsel for the petitioner submits that after rejection of the
first bail application, the father and the mother of the deceased
Santu Kanwar have been examined before the trial court as PW-1
and PW-3 and they have specifically deposed in their statements
that the petitioner was having illicit relation with one Smt. Pappu
Kanwar. Further there is nothing on record in the statements of
both the material prosecution witnesses with respect to the
petitioner having subjected his wife Smt. Santu Kanwar to any
cruelty or in connection with any demand of dowry. The accused-
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petitioner is inside the Jail since 03.05.2018 and the trial of the
case will take sufficient long time to be concluded. Therefore, the
benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has 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, the second bail application filed under Sec.439
SectionCr.P.C. is allowed and it is directed that petitioner Bhawani Singh
@ Guman Singh S/o Sh. Bhom Singh shall be released on bail in
connection with FIR No.101/2018 of Police Station Lohawat,
District Jodhpur provided he executes a personal bond in a sum of
Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-
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.
(MANOJ KUMAR GARG),J
100-MS/-
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