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Kaluram @ Sumit vs State on 18 October, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12178/2019

1. Kaluram @ Sumit S/o Choru Lal, Aged About 29 Years, By
Caste Bhargav, R/o Ward No. 25, Mandi Pilibanga, Police
Station Pilibanga, District Hanumangarh (Raj.). (At Present
Lodged In District Jail Hanumangarh).

2. Rakesh Kumar S/o Choru Lal, Aged About 29 Years, By Caste
Bhargav, R/o Ward No. 25, Mandi Pilibanga, Police Station
Pilibanga, District Hanumangarh (Raj.). (At Present Lodged In
District Jail Hanumangarh).

—-Petitioners

Versus

State, Through P.p.

—-Respondent

For Petitioner(s) : Mr. Shardul Bishnoi
For Respondent(s) : Mr. Laxman Solanki, PP

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/10/2019

Heard learned counsel for the petitioners as well as learned Public

Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.236/2019 of Police

Station Pilibanga District Hanumangarh for the offences punishable

under Sections 498A, Section406, Section315, Section323 IPC. They have preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

allegations against the petitioners is to the effect that they demanded

the dowry from the complainant and her sister and due to the assault,

her pregnancy was terminated are false. It is submitted that the police

after investigation have come to the conclusion that the allegation of

termination of complainant’s pregnancy on account of assaulting by the

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(2 of 2) [CRLMB-12178/2019]

petitioners is not proved. It is further submitted that the petitioners did

not harass the complainant and her sister at any point of time for

dowry. It is also submitted that the petitioners have already returned

Streedhan of the complainant and they are in judicial custody and

interrogation from them has already been completed.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the

case and having gone through the case diary wherein the offence

punishable under Section 315 IPC is not made out against the petitioner

and the Streedhan of the complainant has been returned by the

petitioners, without expressing any opinion on the merits of the case, I

deem it just and proper to grant bail to the accused petitioners under

Section 439 Cr.P.C.

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

allowed and it is directed that petitioners Kaluram @ Sumit S/o Choru

Lal and Rakesh Kumar S/o Choru Lal, shall be released on bail in

connection with FIR No.236/2019 of Police Station Pilibanga District

Hanumangarh provided each of them 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

Surabhii/63-

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