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Jafar vs State Of Rajasthan on 22 May, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5950/2019

Jafar S/o Pappu Khan, Aged About 22 Years, By Caste Mirasi
Musalman, Resident Of Ward No.31, Lunkaransar, District
Bikaner (In Judicial Custody At Central Jail Bikaner)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Pradeep Choudhary
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

22/05/2019
Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR

No.245/2018 of Police Station Loonkaransar, District Bikaner for

the offences punishable under Sections 498A, 304B, 302 and 34

I.P.C. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that the

police have filed charge-sheet against the petitioner with the

allegation that he along with his mother and father harassed his

wife and on account of that harassment, she committed suicide.

Learned counsel for the petitioner has submitted that the police

while filing charge-sheet against the petitioner have mainly relied

upon the statements of mother and father of the deceased,

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however, now the statements of father of the deceased Jagdish

(PW-1) and mother of the deceased Smt. Parmeshwari (PW-2)

have been recorded before the trial court wherein they have not

supported the prosecution story and turned hostile. It is

submitted that they have specifically stated in their statements

that there was no demand of dowry from the petitioner or his

parents and the deceased committed suicide as she was perturbed

from her disease. Learned counsel for the petitioner has also

submitted that the statements of sister of the deceased Manju

(PW-3) have also been recorded, she has also not supported the

prosecution story and specifically stated that her sister committed

suicide as she was suffering from mental disease. Learned

counsel for the petitioner has submitted that since important

prosecution witnesses have not supported the prosecution story

and turned hostile, it would be very difficult for the prosecution to

prove the guilt of the petitioner.

Learned Public Prosecutor has 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

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 SectionCr.P.C. is

allowed and it is directed that petitioner Jafar S/o Pappu Khan

shall be released on bail in connection with FIR No.245/2018 of

Police Station Loonkaransar, District Bikaner 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

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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

44-Babulal/-

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