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Om Prakash vs State Of Rajasthan on 11 July, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7727/2019

Om Prakash S/o Bhagirath Ram, Aged About 26 Years, B/c
Bishnoi, R/o Dhorimanna, Ps Dhorimanna, District Barmer (Now
In Judicial Custody At District Jail Barmer)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Siddharth Karwasra
For Respondent(s) : Mr. Shrawan Bishnoi, PP
Mr. Pritam Solanki, for the
complainant.

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

11/07/2019

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.36/2019 of Police

Station Dhoriminna, District Barmer for the offences punishable

under Sections 498A, Section304B IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegations of demand of dowry and harassment against the

petitioner are false. It is submitted that even the police, in the

charge-sheet, have concluded that marriage of the petitioner was

solemnized with the deceased on 31.05.2015, however, as the

prosecutrix failed to give birth to child, she was perturbed and

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(2 of 2) [CRLMB-7727/2019]

when the petitioner told her that she is not able to conceive, she

was disturbed and committed suicide. It is further submitted that

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

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently 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 Section 439

Cr.P.C. is allowed and it is directed that petitioner Om Prakash S/o

Bhagirath Ram shall be released on bail in connection with FIR

No.36/2019 of Police Station Dhoriminna, District Barmer 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

Surabhii/15-

(Downloaded on 11/07/2019 at 10:40:07 PM)

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