HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4179/2020
1. Devi Lal S/o Sher Singh, Aged About 54 Years, By Caste
Jat, Resident Of Topariya, Police Station Rawatsar District
Hanumangarh. (At Present Lodged In Sub Jail, Nohar).
2. Krishna Devi W/o Devi Lal, Aged About 48 Years, By
Caste Jat, Resident Of Topariya, Police Station Rawatsar
District Hanumangarh. (At Present Lodged In Sub Jail,
Nohar).
—-Petitioners
Versus
State, Of Rajasthan.
—-Respondent
For Petitioner(s) : Mr Rakesh Matoria
For Respondent(s) : Mr Gaurav Singh, Public Prosecutor
HON’BLE MR. JUSTICE RAMESHWAR VYAS
Order
01/05/2020
Heard learned counsel for the applicants and learned Public
Prosecutor on WhatsApp Video call and perused the case file.
The accused-petitioners were arrested in connection with FIR
No.276/2019, registered at Police Station Rawatsar, District
Hanumangarh, for offence punishable under secs.498A, 406, 304-
B, 302 read with sec.34 IPC. The accused-petitioners have filed
this Bail Application under sec.439 CrPC.
Learned counsel for the applicants submitted that the
applicants are father-in-law and mother-in-law respectively of
deceased Monika. After lodging of the FIR, during investigation the
first Investigation Officer found that the applicants committed no
offence but on re-investigation, the applicants have been
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implicated for the alleged offence without any material basis on
record. It is further submitted that supplementary statements of
witnesses were recorded only to connect the applicants with the
alleged offence. The applicants are innocent and they are entitled
to be enlarged on bail.
Learned Public Prosecutor has opposed the prayer of
granting bail to the accused-applicants.
From perusal of the material available on case file, it reveals
that the investigation has completed and charge-sheet has been
filed against Ajay Pal, husband of the deceased and present
applicants for offence punishable under secs.498A, 406, 304-B,
302 and 34 IPC. It is noticed that after investigation, the first
Investigation Officer recorded conclusion that no offence under
secs.498A and 304B IPC is made out against the mother-in-law
and father-in-law of the deceased, who are applicants in this Bail
Application. Only the husband of the deceased, Ajay Pal, was
made accused by the first Investigation Officer. Afterwards, during
verification of the first investigation the conclusion was changed.
It is not disputed that the cause of death of the deceased was
consumption of Organo-phosphorous poisoning and in the
postmortem report, no external injuries were found on body of the
deceased ante-mortem. The marriage of the deceased with son of
applicants was solemnied on 24.11.2012 and her death has
occasioned just before completing seven years of the marriage.
In the facts and circumstances of the matter, looking to
nature of allegations regarding alleged cruelty to the deceased by
applicants, without commenting on merits of the case, this Court
deems it appropriate to enlarge the accused-petitioners on bail
under sec.439 CrPC.
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Accordingly, this bail application is allowed and it is ordered
that the accused-petitioners Devi Lals/o Sher Singh and
Krishna Devi w/o Devi Lal arrested in connection with FIR
No.276/2019, Police Station Rawatsar, District Hanumangarh may
be enlarge on bail provided each of them furnishes personal bail
bond of Rs.50,000/- with one surety in the like amount, to the
satisfaction of learned trial court concerned.
(RAMESHWAR VYAS),J
7-MMA/-
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