HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4291 / 2017
Lal Chand S/o Late Shri Govind Ji Charan,, Aged About 33 Years,
Resident Of- Kenpura, Garhwara, P.S. Bakani, District Jhalawar. At
Present Residing At- Nimboda, P.S. Kanera, District Chittorgarh.
(At Present Sub-jail Nimbahera District Chittorgarh)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
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For Petitioner(s) : Mr.Sudhir Saruparia.
For Respondent(s) : Mr.KV Vyas, PP.
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HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
22/05/2017
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
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.63/2014, registered at Police Station
Kanera, District Chittorgarh for the offences under Sections 306,
498A and 323 IPC.
The petitioner is in custody since 28.9.2014. Dying
Declaration of Smt. Fori Bai wife of the present petitioner was
recorded by the Judicial Magistrate on 12.9.2014 in which she
alleged that she set herself to fire upon being perturbed by the
quarrel between herself, her mother-in-law and husband. It is
undisputed that previously also, the deceased had instituted
(2 of 2)
[CRLMB-4291/2017]
criminal cases against the husband (petitioner) and her mother-in-
law. Smt. Ganga Bai (mother-in-law) has been enlarged on bail by
this Court.
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 Lal Chand arrested in
connection with F.I.R. No.63/2014, registered at Police Station
Kanera, District Chittorgarh shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds 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.
(SANDEEP MEHTA)J.
S.Phophaliya/-