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Ramesh Kumar vs State Of Rajasthan on 30 October, 2019

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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(2 of 2) [CRLMB-13224/2019]

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/-

(Downloaded on 30/10/2019 at 08:46:09 PM)

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