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Prithviraj vs State on 15 October, 2019

S.B. Criminal Miscellaneous Bail Application No. 12354/2019

Prithviraj S/o Shri Hastimal, Aged About 28 Years, By Caste Mali,
R/o Padru, Tehsil Siwana, District Barmer (Rajasthan). (At
Present Lodged In Sub Jail Balotra).

State, Through P.p.


For Petitioner(s) : Mr. Trilok Joshi
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.
Mr. Kunal Kalla for Mr. Kaushal
Gautam for complainant




Heard learned counsel for the petitioner, learned Public

Prosecutor as well as learned counsel for the petitioner and also

perused the material on record.

The petitioner has been arrested in connection with FIR

No.114/2019 of P.S. Siwana, Balotra 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 after

rejection of first bail application of the petitioner, charge-sheet has

been filed. It is argued that when the wife of the petitioner

committed suicide, the petitioner admittedly was not in village

Padaru. It is submitted that the police have concluded that in

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(2 of 2) [CRLMB-12354/2019]

WhatsApp chats, between the petitioner and the deceased, the

petitioner had made some comments about the character of the

deceased, however, the petitioner did not make any comment

about character of the prosecutrix and simply advised her to

behave properly and such act of the petitioner cannot be said to

be an act of instigation to commit suicide.

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 Sec.439 SectionCr.P.C. is

allowed and it is directed that petitioner Prithviraj S/o Shri

Hastimal shall be released on bail in connection with FIR

No.114/2019 of P.S. Siwana, Balotra 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.



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