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
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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/-
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