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
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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
