HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State, Through Pp
For Petitioner(s) : Mr. Jagmal Singh Choudhary, Senior
Advocate assisted by Mr. Amardeep
For Respondent(s) : Mr. Gaurav Singh, P.P.
Mr. Laxman Bishnoi for complainant
HON’BLE MR. JUSTICE VIJAY BISHNOI
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
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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
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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.
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