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Jitendra vs State on 3 April, 2017

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

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