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Devi Lal vs State on 1 May, 2020

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/-

(Downloaded on 01/05/2020 at 08:24:49 PM)

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