HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 7021 / 2017
Sarooparam @ Swaroopram S/o Sajanram, Caste Vishnoi, Age 26
years, R/o Fatehsagar, P.S. Lohawat, District Jodhpur.
(At present lodged in Sub Jail, Phalodi).
State of Rajasthan.
For Petitioner(s) : Mr. B.R. Godara.
For Respondent(s) : Mr. K.V. Vyas, PP for the State.
HON’BLE MR. JUSTICE P.K. LOHRA
Petitioner has laid this bail application under Section 439
Cr.P.C. arising out of FIR No.30/2017 of Police Station Lohawat,
District Jodhpur for offences under Sections 354, 376, 511, 498A
304B IPC and Section 3/4 of the Dowry Prohibition Act, 1961.
Police after investigation has submitted charge-sheet in the
matter against petitioner while keeping investigation pending
against some other accused-persons. At the moment, trial in
Sessions Case No.32/2017 is going on before Additional Sessions
Judge, Phalodi, District Jodhpur.
It is argued by learned counsel for the petitioner that so far
during trial seven witnesses have examined and most of them
have turned hostile. It is also argued by learned counsel that
complainant PW1 Ram Lal has also turned hostile by retracting
(2 of 2)
from his earlier version. Learned counsel has further submitted
that as the prosecution cited twenty four witnesses, completion of
trial is likely to take considerable time. With these submissions,
learned counsel has urged that petitioner may be released on bail.
Learned Public Prosecutor has vehemently opposed the bail
plea of petitioner.
Having heard learned counsel for the parties and taking into
account facts and circumstances of the case, without expressing
any opinion on merits of the case, I deem it just and appropriate
to grant indulgence to the petitioner by enlarging him on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that accused-petitioner Sarooparam @
Swaroopram S/o Sajanram, arrested in connection with F.I.R.
No.30/2017, Police Station Lohawat, District Jodhpur, may 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 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.