HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 1350 / 2017
Jitendra S/o Ramkishore @ Kishore, Aged About 28 Years, B/c
Vaishnav R/o Tankipura, Goredi Chacha, P.S. Degana, District-
Nagour. (The Petitioner is Confined in Merta Jail)
—-Petitioner
Versus
State of Rajasthan.
—-Respondent
_____________________________________________________
For Petitioner(s) : Mr. Dharmendra Jasmatia
For Respondent(s) : Mr. A.S. Rathore, P.P. A/w Paris Deshmukh,
S.P. Nagaur and Antar Singh, C.O. Degana
For Complainant(s): Mr. O.P. Joshi
_____________________________________________________
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
03/04/2017
Heard learned counsel for the petitioner and learned Public
Prosecutor assisted by the I.O. and the learned counsel for the
complainant. Perused the material available on record.
The S.P. Nagaur and the investigating Officer Shri Antar
Singh are present in the Court. They express their sincere
apologies for failure of the I.O. to remain present despite direction
given earlier.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.186/2016, registered at Police Station
Degana, District Nagaur for the offences under Sections 498A and
306 IPC.
(2 of 3)
[CRLMB-1350/2017]
Learned counsel Shri Jasmatia urges that the investigating
officer has himself concluded in the charge-sheet that the
allegation of the prosecution regarding the deceased having been
harassed and humiliated on account of bringing less dowry was
not proved. The investigating officer has collected the details of
the calls exchanged interse between the deceased Smt. Pinky and
on Ram Swaroop and the result of investigation has been filed
with the indication that the deceased was having some kind of
relation with Ramswaroop. The investigation officer has further
concluded that the petitioner came across the messages sent by
the deceased to Ram Swaroop on Karwa Chauth festival and there
was a dispute interse between the spouses because of these
exchanges and thereafter Smt. Pinky committed suicide.
The investigating officer candidly concedes that by mistake
the call details could not be placed on record. During investigation,
some witnesses have even stated that the deceased used to level
false allegations of illicit relations of the petitioner in order to
cover up her relationship with Ram Swaroop.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Jitendra arrested in
connection with the F.I.R. No.186/2016, registered at Police
Station Degana, District Nagaur shall be released on bail provided
he furnishes a personal bond of Rs.50,000/- and two surety bonds
(3 of 3)
[CRLMB-1350/2017]
of Rs.25,000/- each to the satisfaction of the 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.
The investigating officer shall forthwith place on record of the
trial Court the relevant call details of the calls made from the
mobile of Smt. Pinky, on the basis whereof the charge-sheet was
filed.
(SANDEEP MEHTA)J.
Anurag/56
