HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 2668 / 2018
Dinesh Kumar S/o Shri Duda Ram, By Caste Suthar, R/o-Village
Sadri, P.S. Sadri, Distt. Pali (Rajasthan).
(Presently Lodged At Sub Jail Bilara (Pichiyak), Distt Jodhpur).
State of Rajasthan
For Petitioner(s) : Mr. P.K. Sharma
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
HON’BLE MR. JUSTICE P.K. LOHRA
Accused-petitioner has laid this second bail application
arising out of FIR No.122/2016 registered at Police Station Sadri,
At the threshold, when the FIR was lodged, petitioner was
charged for offence punishable under Sections 302, 498A, 406,
341 323 IPC. Police after investigation submitted charge-sheet
in the matter for offence under Sections 498A, 323 and 306 IPC.
Thereafter, the case was committed to Sessions Court and the
learned Sessions Judge framed charges for offence under Section
304B, alternatively under Section 302 IPC besides the aforesaid
It is argued by learned counsel that the order framing charge
for offence under Section 304B, alternatively under Section 302
(2 of 2)
IPC is subject-matter of judicial scrutiny before this Court in
Revision Petition No.320/2018. It is also argued by learned
counsel that the said order is stayed by the Court and after
considering the said order, Court has stayed further proceedings in
the matter. Learned counsel further submits that even from the
material available on record also, prima facie, offence under
Section 306 IPC is not made out. Lastly, learned counsel contends
that petitioner is in custody since 21.05.2017, therefore, in that
background, his second bail application merits favourable
Learned Public Prosecutor has opposed the second bail
Having regard to the facts and circumstances of the case, I
deem it just and appropriate to grant indulgence to the petitioner
by enlarging him on bail.
Accordingly, this second bail application under Section 439
Cr.P.C. is allowed and it is ordered that accused-petitioner, Dinesh
Kumar S/o Shri Duda Ram, arrested in connection with F.I.R.
No.122/2016, Police Station Sadri, District Pali, may be released
on bail; provided he furnishes a personal bond of Rs.50,000/-
with two sureties of like amount to the satisfaction of 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.