HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7274 / 2017
1. Dola S/o Shri Jag Ji, Aged About 70 Years, By Caste Damor
Bheel, Resident of Village Maska Bara, P.S. Sajjangarh, Distt.
Banswara.
2. Smt. Rassa W/o Dola, Aged About 67 Years, By Caste Damor
Bheel, Resident of Village Maska Bara, P.S. Sajjangarh, Distt.
Banswara.
(Presently Lodged in Sub-Jail Kushalgarh).
—-Petitioners
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr. Shambhoo Singh.
For Respondent(s) : Mr. A.S. Rathore, PP for the State.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
24/08/2017
Petitioners have laid this bail application under Section 439
Cr.P.C. arising out of FIR No.103/2017 of Police Station
Sajjangarh, District Banswara wherein besides their son (Kishwar)
they are charged for offence punishable under Sections 498A and
306 IPC.
It is submitted by learned counsel for the petitioners that the
allegations against them are omnibus that they caused
harassment to their deceased daughter-in-law. It is also argued
by learned counsel that although there was serious acrimony
between Kishwar and his deceased-wife but there is no allegation
that petitioners perpetrated cruelty on her for demand of dowry or
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[CRLMB-7274/2017]
they are responsible for her harassment. Lastly, learned counsel
has argued that after investigation police has submitted charge-
sheet in the matter and therefore being senior citizens petitioners
may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail
application.
Having heard learned counsel for the parties and taking
into consideration totality of facts and circumstances of the case,
without expressing any opinion on merits of the case, I deem it
just and appropriate to grant indulgence to the petitioners by
enlarging them on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioners (1) Dola S/o
Shri Jag Ji, and (2) Smt. Rassa W/o Dola, arrested in connection
with F.I.R. No.103/2017, Police Station Sajjangarh, District
Banswara, may be released on bail; provided each one of them
furnishes a personal bond of Rs.50,000/- with 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.
(P.K. LOHRA)J.
Twinkle Singh/72