HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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).
—-Petitioner
Versus
State, Through P.p.
—-Respondent
For Petitioner(s) : Mr. Trilok Joshi
For Respondent(s) : Mr. Sharvan Bishnoi, P.P.
Mr. Kunal Kalla for Mr. Kaushal
Gautam for complainant
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
15/10/2019
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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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.
(VIJAY BISHNOI),J
35-Babulal/-
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