HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10110/2019

Mukesh Kumar S/o Sh. Shankar Lal Suthar, Aged About 34 Years,
R/o Vanguda, P.s. Charbhuja, District Rajsamand. (Presently
Lodged In District Jail, Rajsamand)

—-Petitioner
Versus
State, Through Pp

—-Respondent

For Petitioner(s) : Mr. Ramesh Purohit
For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

29/08/2019

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR

No.106/2019 of Police Station Charbhuja, Rajsamand for the

offences punishable under Sections 498A and 306 I.P.C. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegations levelled against the petitioner regarding harassment

and instigating his wife to commit suicide are absolutely false.

Learned counsel for the petitioner has submitted that marriage of

the petitioner was solemnized with the deceased around 16 years

back and no complaint regarding harassment was ever made by

the deceased or her parents. Learned counsel for the petitioner

has submitted that even in the statements, the parents, brothers

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and other relatives of wife of the petitioner have simply alleged

that as the petitioner used to quarrel with the deceased on trivial

issue, she committed suicide. Learned counsel for the petitioner

has submitted that relations between the petitioner and the

deceased were very cordial and the allegations of harassing her

levelled against the petitioner are false. Learned counsel for the

petitioner has further submitted that the police have not even

attempted to record the statements of two sons of the petitioner to

verify whether the petitioner had ever harassed his wife or not.

Learned counsel for the petitioner has submitted that charge-sheet

has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of

the case, without expressing any opinion on the merits of the case,

I deem it just and proper to grant bail to the accused petitioner

under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 SectionCr.P.C. is

allowed and it is directed that petitioner Mukesh Kumar S/o Sh.

Shankar Lal Suthar shall be released on bail in connection with FIR

No.106/2019 of Police Station Charbhuja, Rajsamand provided he

executes a personal bond in a sum of Rs.50,000/- with two sound

and solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for his appearance before that court on each and

every date of hearing and whenever called upon to do so till the

completion of the trial.

(VIJAY BISHNOI),J

23-Babulal/-

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