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Heer Singh vs State on 17 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 1085 / 2018
Heer Singh S/o Sh. Jawahar Singh, By Caste Rajput, Resident of
Sardarpura (Jajwa), Police Station- Gida, District Barmer (Raj.)
(Presently Lodged in District Jail, Barmer)

—-Petitioner
Versus
State of Rajasthan Through Public Prosecutor

—-Respondent
__
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
17/02/2018

Accused petitioner has made this second attempt for

seeking bail under Section 439 Cr.P.C. arising out of FIR No.79/17

of Police Station Gida, District Barmer, wherein besides his wife

and son he is charged for offence under Sections 498A, 304B and

in the alternative under Section 302 IPC.

The first bail application at the behest of petitioner bearing

No.8921/2017 was dismissed as not pressed on 18.11.2017.

Pressing this second bail application, it is submitted by

learned counsel for the petitioner that after rejection of first bail

application charges have been framed and the learned trial Court

has essentially framed charges under Sections 498A and 304B IPC

and alternatively under Section 302 IPC. It is submitted by

learned counsel that the evidence collected during investigation

against petitioner for causing harassment to deceased with
(2 of 2)
[CRLMB-1085/2018]

demand of dowry is per se omnibus and there is no tangible

evidence that immediately before death such demand was made

by the petitioner. Learned counsel has also argued that monther-

in-law Sua Kanwar is also one of the accused person who has

been enlarged on bail and petitioner is a senior citizen, therefore,

it would not be appropriate to keep him under further

incarceration as he is in custody since 06.07.2017.

Per contra, learned Public Prosecutor has vehemently

opposed the second bail application.

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, Heer

Singh S/o Sh. Jawahar Singh, arrested in connection with F.I.R.

No.79/2017, Police Station Gida, District Barmer, 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.

(P.K. LOHRA)J.

Bharti/133

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