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Prabhu Dayal vs State on 18 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 10068 / 2017
Prabhu Dayal S/o Bhura Ram, Aged About 22 Years, By Caste
Meghwal, Resident of Village Swaroopsar, District Bikaner. (In
Judicial Custody At Central Jail, Bikaner)
—-Petitioner
Versus
The State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with Mr.
Tarun Dhaka.
For Respondent(s) : Mr. Deepak Choudhary, Public Prosecutor.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
18/11/2017

The instant bail application under Section 439 Cr.P.C. is

arising out of FIR No.45/2017, registered at Police Station Panchu,

District Bikaner, wherein petitioner, besides five other accused, is

charged for offence under Sections 498A, 304B, 302 34 IPC.

Police after investigation submitted charge-sheet in the

matter.

It is argued by learned Senior Counsel that deceased Ms.

Pushpa died due to drowning after accidentally falling in water

tank, and therefore, petitioner has been falsely implicated in the

matter. Learned Senior Counsel submits that the FIR was lodged

after a lapse of ten days from the incident. It is further contended

by learned Senior Counsel that the allegations to harass deceased

for demand of dowry are omnibus and there is no specific
(2 of 2)
[CRLMB-10068/2017]

allegation against the petitioner. Learned Senior Counsel would

contend that petitioner is brother-in-law (Devar) of the deceased,

and therefore, prima facie, there is no nexus of the petitioner with

commission of offence sans attribution of any overt-act. Lastly,

learned Senior Counsel has argued that after completion of

investigation charge-sheet has been filed and petitioner is in

custody since 26th of May, 2017, therefore, he may be enlarged on

bail.

Learned Public Prosecutor has opposed the bail application of

petitioner.

I have heard learned counsel for the petitioner, learned

Public Prosecutor and perused the materials available on record.

Having regard to the facts and circumstances of the case,

while refraining to make any comments on merits, I feel

persuaded to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that accused-petitioner Prabhu Dayal S/o

Bhura Ram, arrested in connection with F.I.R. No.45/2017, Police

Station Panchu, District Bikaner, may be released on bail; provided

he furnishes a personal bond of Rs.50,000/- with two surety

bonds of Rs.25,000/- each to the satisfaction of 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.

(P.K. LOHRA), J.

Twinkle Singh/63

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