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Heera Lal @ Heera Ram vs State on 5 March, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2393/2019

Heera Lal @ Heera Ram S/o Megha Ram Jat, Aged About 27
Years, Sawau Mulraj, Ps Gida, Dist Barmer (In Judicial Custody
At Dist Jail Barmer)

—-Petitioner
Versus
State, Through Pp

—-Respondent

For Petitioner(s) : Mr. Jagmal Singh Choudhary, Senior
Advocate assisted by Mr. Amardeep
Lamba
For Respondent(s) : Mr. Gaurav Singh, P.P.

Mr. Laxman Bishnoi for complainant

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

05/03/2019

Heard learned counsel for the petitioner, learned Public

Prosecutor as well as learned counsel for the complainant and also

perused the material on record.

The petitioner has been arrested in connection with FIR

No.57/2018 of Police Station Gida, Barmer for the offences

punishable under Sections 498A, 304B and 302 I.P.C. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation against the petitioner is to the effect that he along with

his mother had harassed deceased for dowry and on account of

that, she died of unnatural death within a period of seven years

from her marriage. Learned counsel for the petitioner has
(2 of 3) [CRLMB-2393/2019]

submitted that during the course of investigation, the police have

recorded statement of real brother of deceased Dheeraj Kumar,

who has alleged that the petitioner had demanded dowry and

harassed his sister and, therefore, she committed suicide by

drowning herself in water tank. It is argued that now the

statement of said witness Dheeraj Kumar has been recorded

before the trial court as PW-1 wherein he has not supported the

prosecution story and specifically stated that his sister was keen

to live with the petitioner, who is serving as Constable in

Rajasthan police and posted at Jalore, but since the petitioner and

his mother have refused to send her to Jalore, she committed

suicide. Learned counsel for the petitioner has submitted that

though statements of other witnesses namely mother, father and

other brothers of the deceased have not been recorded before the

trial court but from the statement of Dheeraj Kumar PW-1, it is

clear that allegations of demand of dowry and harassment levelled

against the petitioner are false. Learned counsel has also argued

that as a matter of fact, the sister of the petitioner is married to

brother of the deceased and in such situation, it is difficult to

comprehend that any dowry was demanded by the petitioner

though his real sister is married in family of the deceased.

Learned counsel for the petitioner has submitted that co-accused

Lachhi Devi has already been enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the
(3 of 3) [CRLMB-2393/2019]

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C.

is allowed and it is directed that petitioner Heera Lal @ Heera

Ram S/o Megha Ram shall be released on bail in connection with

FIR No.57/2018 of Police Station Gida, Barmer provided he

executes a personal bond in a sum of Rs.50,000/- with two

sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

16-Babulal/-

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