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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