HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan Through Public Prosecutor
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
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)
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.