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Mahadev vs State on 4 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 3877 / 2017
Mahadev S/o Shri Nana Gurjar, R/o- Village Roop Pura, P.S.
Phuliya Kala, Distt. Bhilwara.

(Presently Lodged in Distt. Jail Bhilwara).

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. K.V. Vyas, P.P., for the State
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
04/05/2017

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.26/2017, Police Station Phuliya, District Bhilwara, for the

offences under Sections 498A 306 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the challan papers.

The marriage of present petitioner was solemnized with Smt.

Leela about ten years before the incident. On 07.02.2017, Leela

jumped into a well with her small daughter and committed suicide.

The FIR came to be lodged by Sanwara, cousin brother of Leela,

on 10.02.2017, in which, general allegations of harassment of the

deceased on account of bringing less dowry are attributed to the

petitioner-husband and other in-laws of the deceased. However,
(2 of 2)
[CRLMB-3877/2017]

no direct and clinching evidence is available on the record to show

that the petitioner gave any instigation or abetted the deceased

Leela to commit suicide soon before her death. The independent

witnesses examined by Investigating Officer during investigation

have stated that minor disputes cropped up between the spouses

over trivial issues and Leela ended her life on account of

frustration.

In view of above and having regard to the entirety of facts

and circumstances as available on record and upon a consideration

of the arguments advanced at the Bar, this Court is of the opinion

that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Mahadev S/o Nana Gurjar

arrested in connection with F.I.R. No.26/2017, Police Station

Phuliya, District Bhilwara 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.

Bharti/58

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