HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4385 / 2017
Manish S/o Shri Jagdish Vedi,, By Caste Tak Shatriya, R/o-15,
Pritam Pahalwan Ki Gali, South Sunderwas, Pratapnagar, Udaipur.
(Presently Lodged in Central Jail, Udaipur)
—-Petitioner
Versus
The State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.AS Rathore, PP.
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HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
23/05/2017
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.65/2017, registered at Police Station
Mahila Thana, Udaipur for the offences under Sections 498A, 323
and 308 IPC.
Learned counsel Shri Menaria representing the petitioner
submits that the petitioner is ready to repent for his acts and to
express repentance, he is ready to offer compensation of Rs.3
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[CRLMB-4385/2017]
lakhs and in addition offers to make payment of maintenance
pendent lite at the rate of Rs.5,000/- per month to the injured
Smt.Hemlata being his wife. He further urges that as the offences
alleged against the petitioner are punishable with maximum
imprisonment of seven years, he deserves to be released on bail.
Learned P.P. vehemently opposes the submissions advanced
by the petitioner’s counsel and submits that if at all, this Court is
inclined to consider the prayer for bail, then the compensation
may be enhanced.
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 and looking to the offer of
compensation and maintenance made on behalf of the petitioner,
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 Manish arrested in
connection with F.I.R. No.65/2017, registered at Police Station
Mahila Thana, Udaipur shall be released on bail upon his
depositing a sum of Rs.3,00,000/- in the trial Court by way of a
demand draft with an undertaking that he shall pay maintenance
to the tune of Rs.5,000/- per month pendente lite to the
complainant and upon furnishing 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. The amount of Rs.3 lakhs shall be placed by the Court below in
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a fixed deposit receipt prepared in the name of the complainant
Smt.Hemlata for a minimum period of five years.
The amount of maintenance of Rs.5,000/- per month shall
be exclusive of any amount which may be awarded to Smt.
Hemlata by the competent Court in other maintenance
proceedings.
(SANDEEP MEHTA)J.
S.Phophaliya/-
