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Prahlad Lal vs State on 28 November, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13791/2019

1. Prahlad Lal S/o Mangi Lal Gavariya, Aged About 55 Years,
By Caste Gavariya, R/o Behind Fci Godown, Gavariya
Mohalla, Chanderiya P.s. Chanderiya, Tehsil And District
Chittorgarh. (At Present Lodged In District Jail
Chittorgarh).

2. Mahesh Kumar @ Manish @ Prithviraj S/o Prahlad Lal,
Aged About 23 Years, By Caste Gavariya, R/o Behind Fci
Godown, Gavariya Mohalla, Chanderiya P.s. Chanderiya,
Tehsil And District Chittorgarh. (At Present Lodged In
District Jail Chittorgarh).

—-Petitioners
Versus
State, Through P.p.

—-Respondent

For Petitioner(s) : Mr. R.S. Chundawat
For Respondent(s) : Mr. S.K. Bhati, P.P.

Mr. Bharat Dadhich for complainant

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

28/11/2019

Heard learned counsel for the petitioners, learned Public

Prosecutor as well as learned counsel for the complainant and also

perused the material on record.

The petitioners have been arrested in connection with FIR

No.142/2019 P.S. Chanderiya, District Chittorgarh for the offences

punishable under Sections 498A and 304B I.P.C. They have

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

At the outset, learned counsel for the petitioners has

(Downloaded on 28/11/2019 at 08:42:31 PM)
(2 of 2) [CRLMB-13791/2019]

submitted that he does not want to press the bail application

preferred on behalf of petitioner No.2 Mahesh Kumar @ Manish @

Prithviraj, the same is, therefore, rejected as not pressed.

So far as the bail application preferred on behalf of petitioner

No.1 Prahlad Lal is concerned, learned counsel for the petitioners

has submitted that the petitioner No.1 is father-in-law and no

specific allegation regarding demand of dowry has been levelled

against him. Learned counsel for the petitioner has submitted that

the petitioner No.1 is in judicial custody and investigation from

him is over.

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

petitioners under Section 439 Cr.P.C.

Accordingly, the bail application preferred on behalf of

petitoner No.1 Prahlad Lal S/o Mangi Lal Gavariya is allowed and it

is directed that he shall be released on bail in connection with FIR

No.142/2019 P.S. Chanderiya, District Chittorgarh provided he

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

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

trial court for his/her 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

31-Babulal/-

(Downloaded on 28/11/2019 at 08:42:31 PM)

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