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Lal Chand vs State on 22 May, 2017

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)

State of Rajasthan

For Petitioner(s) : Mr.Sudhir Saruparia.
For Respondent(s) : Mr.KV Vyas, PP.


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)

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.



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