HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 2960 / 2017
Chhagna Ram S/o Sh. Jepa Ram,, Aged About 24 Years, B/c
Meghwal, R/o Village Ledarmer, Police Station, Ramseen, District
Jalore (raj) (presently Lodged in Central Jail, Jodhpur )
State of Rajasthan Through Public Prosecutor.
For Petitioner(s) : Mr.Pradeep Shah.
For Respondent(s) : Mr.Deepak Choudhary, P.P.
For Complainant(s): Mr.Shyam S. Khatri.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
F.I.R. No.20/2016, P.S. G.R.P. Barmer, for the offences under
Sections 498A, 304B I.P.C. 3/4 of Dowry Prohibition Act, in
alternative 302 I.P.C.
Heard learned counsel for the petitioner, learned Public
Prosecutor and learned counsel for the complainant. Perused the
material available on record.
The petitioner was married to deceased Smt.Indra ( bUnz) a
year before the incident. On 6.12.2016, she committed suicide by
throwing herself in front of a running train. On 8.5.2016, a typed
report was lodged by her father Rekha Ram before the SDM
Bhinmal in which general allegations of demand of dowry and
harassment were levelled against the father in law Jepa, mother in
law Bhoki, sister in law Indira and husband Chhagna. However,
when the informant Rekha Ram was examined by the SDM in the
inquest proceedings, he clearly alleged that the sister in law Indira
(2 of 2)
was bearing ill will against the deceased Smt.Indra ( bUnz) and used
to beat her. The petitioner is alleged to be siding with his sister
and did not support the deceased as a result whereof, she became
perturbed and ended her life by throwing herself in front of a
running train. Statement of one Dhukha Ji was recorded by the
Investigating Officer under Section 161 Cr.P.C. who clearly stated
that the in laws used to keep the deceased Smt.Indra ( bUnz) as
their daughter and that once, at her father’s house, she caught
hold of live electric wires in order to commit suicide. Thereafter
the petitioner got her treated.
In view of above and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the Bar, this Court is of the opinion
that the petitioner deserves to be enlarged on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner namely Chhagna Ram arrested in
connection with F.I.R. No.20/2016, P.S. G.R.P. Barmer shall be
released on bail; provided he furnishes a personal bond of
Rs.50,000/- and two surety bonds of Rs.25,000/- each to the
satisfaction of the 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.