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Dilip vs State on 12 October, 2017

S.B. Criminal Misc. Bail No. 8432 / 2017
Dilip S/o Devendra @ Pappu, By Caste Rao, Resident of – Railway
Station, Budhakhera, P.S. Kapasan, District Chittorgarh. (At
Present District Jail Chittorgarh)
State of Rajasthan
For Petitioner(s) : Mr. Sudhir Saruparia.
For Respondent(s) : Mr. Deepak Choudhary, PP.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the case diary.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.263/2017, registered at Police Station

Kapasan, District Chittorgarh for the offences under Sections 498A

and 306 IPC.

The petitioner was married to the deceased Smt. Nikita

about 12 years ago. She consumed some poisonous substance on

12.08.2017 and passed away as a result thereof. On going

through the statement of the most material prosecution witness

Sushri Kanishka daughter of the present petitioner and the

deceased, it is apparent that the petitioner was not present in the

house and had gone to his shop when the deceased consumed the
(2 of 2)

poisonous substance. Just before consuming the poisonous

substance, the deceased talked to her father Chhagan Lal. Though

initially, the case was registered for the offence under Section

304B IPC but thereafter, the offence has been converted to one

under Section 306 IPC. .

Having regard to the facts and circumstances available on

record and considering the fact that admittedly the petitioner was

not present in the house when the deceased Smt. Nikita

consumed the poisonous substance, I am inclined to enlarge the

petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Dilip arrested in

connection with the F.I.R. No.263/2017, registered at Police

Station Kapasan, District Chittorgarh 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.



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