HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13224/2019
Ramesh Kumar S/o Sh. Rama Ram, Aged About 40 Years, Bhuti,
P.s. Bhadrajun, District Jalore. (Presently Lodged In District Jail
Jalore).
—-Petitioner
Versus
State Of Rajasthan, Through P.p.
—-Respondent
For Petitioner(s) : Mr. Javed Khan Moyal
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
30/10/2019
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with FIR
No.81/2019 of P.S. Bhadrajun, District Jalore for the offences
punishable under Sections 498A and 304B I.P.C. He has preferred
this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that from
the conclusion of the police arrived at in the charge-sheet, it is
clear that there was no demand of dowry by the petitioner from
the deceased or her family members. It is submitted that as a
matter of fact, the prosecutrix solemnized Nata marriage with the
petitioner around four years back and out of their wedlock, one
child was also born, however, as the deceased was mentally
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disturbed, she often used to quarrel with the petitioner and a day
before the incident, when she asked the petitioner to take her with
him to another village, the petitioner refused and also slapped her
and, therefore, she became perturb with this and committed
suicide. Learned counsel for the petitioner has submitted that the
petitioner had no intention to instigate the deceased to commit
suicide. Learned counsel for the petitioner has submitted that
charge-sheet has been filed and trial of the case will take time.
Learned Public Prosecutor has 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 Ramesh Kumar S/o Sh.
Rama Ram shall be released on bail in connection with FIR
No.81/2019 of P.S. Bhadrajun, District Jalore 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
20-Babulal/-
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