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Mohd. Irfan vs State on 19 April, 2017

S.B. Criminal Misc. Bail No. 2837 / 2017
Mohd. Irfan S/o Late Sh. Mohd. Salim Chipa,, By Caste Muslim,
R/o 140, Ramdwara Chauk Ayad, Udaipur, At Present R/o House of
Hazi Mohd. 586- Ramdwara Chawk, Ayad, P.S. Bhopalpura,
Udaipur. (At Present Lodged in Central Jail, Udaipur)
State of Rajasthan
For Petitioner(s) : Mr. Arun Dadhich
For Respondent(s) : Mr. Rajesh Bhati, P.P.
Judgment / Order

The present bail application has been filed under Section 439

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

with F.I.R. No.212/2016, Police Station Bhoapalpura, Udaipur for

the offences under Sections 498A, 304B and 406 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material on record.

The statement of the first informant P.W. 2 Mohd. Babar the

father of the deceased has been recorded by the trial court.

Learned counsel contends that there is no material on record of

the case to show that the petitioner ever harassed or humiliated

his wife Nilofar on account of demand of dowry. As a matter of fact

Nilofar had taken some loans which she failed to repay and under
(2 of 2)

pressure thereof she committed suicide. He thus prays that the

petitioner deserves to be enlarged on bail.

Learned P.P. vehemently opposes the submissions advanced

by the learned counsel for the petitioner.

Having regard to the entirety of facts and circumstances as

available on record but without commenting on the merits of case,

this Court is of the opinion that the petitioner deserves to be

released on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner, Mohd. Irfan arrested in connection

with F.I.R. No.212/2016 P.S.Bhopalpura, Udaipur 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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