HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 11680 / 2017
Gordhan S/o Sh. Hari Ram, Aged About 28 Years, By Caste
Gawariya, Resident of Basti Barkat Colony, Phalodi, P.S. Phalodi,
District Jodhpur. (Presently Lodged in Central Jail, Jodhpur)
State of Rajasthan Through Public Prosecutor.
For Petitioner(s) : Mr. Vineet Jain.
For Respondent(s) : Mr. A.S. Rathore, Public Prosecutor.
HON’BLE MR. JUSTICE P.K. LOHRA
The instant bail application under Section 439 Cr.P.C. is filed
by petitioner arising out of FIR No.392/2017, registered at Police
Station Phalodi, District Jodhpur, wherein he is charged for offence
punishable under Sections 498A 304B IPC.
Police after investigation submitted charge-sheet in the
matter against petitioner and two other accused persons.
It is argued by learned counsel for the petitioner that he has
been falsely implicated in the matter and prima facie there is no
proximity of the petitioner in commission of offence. Learned
counsel has also submitted that in the FIR and evidence collected
during investigation almost identical allegations are leveled
against petitioner and his wife Jhamu, and Jhamu has already
been enlarged on bail by the co-ordinate Bench while considering
her bail application No.11151/2017. Lastly, learned counsel for
(2 of 2)
the petitioner has urged that the case of petitioner is not
distinguishable from Jhamu, therefore, he may be enlarged on
Learned Public Prosecutor has opposed the bail application of
Having heard learned counsel for the parties and taking into
account 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 petitioner by enlarging him on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner Gordhan S/o Sh.
Hari Ram, arrested in connection with F.I.R. No.392/2017, Police
Station Phalodi, Districrt Jodhpur, may be released on bail;
provided he furnishes a personal bond of Rs.50,000/- with two
surety bonds of Rs.25,000/- each 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.