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Rajendra Bharti vs State on 22 June, 2017

S.B. Criminal Misc. Bail No. 5159 / 2017
Rajendra Bharti Son of Maan Bharti, Aged About 21 Years,
Resident of Kareli, Sarada Police Station, District Udaipur.
(Confined in District Jail, Dungarpur)

State of Rajasthan

For Petitioner(s) : Mr.D.S.Udawat
For Respondent(s) : Mr.A.S.Rathore PP for the State.


1. The present bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioner who is in custody in

connection with F.I.R. No.100/2017, Ashpur Police Station,

District Dungarpur, for the offences under Sections 498-A

and 306 IPC.

2. Heard learned counsel for the petitioner and the

learned Public Prosecutor.

3. The present petitioner is the husband of the deceased

lady and is in custody and facing investigation for the offences

under Sections 498A and 306 IPC.

(2 of 3)

4. After perusal of the dying declaration in the case diary,

it appears that the incident took place at the residence of

maternal uncle (mama) of the deceased girl, where for some

trivial reason, a discord happened between the husband and wife,

whereupon the deceased lady became annoyed with her husband

for not supporting her when required. The deceased lady in her

dying declaration has further stated that she had normal

relationship with her husband and out of sheer frustration, she

poured kerosene upon herself, whereupon her husband and

maternal uncle (mama) snatched way the matchbox and the

kerosene from her hands and counselled her for not doing any

such act. The deceased lady further stated in the dying declaration

that she became normal after she was counselled by her husband

and maternal uncle (mama), but the tension remained in her

mind, and therefore, she set herself on fire, and thereafter, the

fire was doused by her husband and he rushed her to the hospital

with the help of his relatives.

5. Having regard to the facts and circumstances of the

case and upon a consideration of the arguments advanced at the

Bar as also taking note of the aforementioned dying declaration

and the fact that the petitioner is in custody and investigation

from him is no more required, this Court is of the opinion that the

bail application filed by the petitioner deserves to be accepted.

4. Consequently, the bail application is allowed. It is

ordered that the accused-petitioner Rajendra Bharti Son of

Maan Bharti arrested in connection with F.I.R.

No.100/2017, Ashpur Police Station, District Dungarpur
(3 of 3)

shall 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 the 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.



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