HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail No. 2156 / 2017 Shailesh Kumar S/o Jayanti Lal, Aged About 25 Years, By Caste Sewak, R/o Kabja, P.S. Aaspur, Dist. Dungarpur. (At Present Confined At District Jail, Dungarpur) ----Petitioner Versus State of Rajasthan Through Public Prosecutor. ----Respondent _____________________________________________________ For Petitioner(s) : Mr.Jitendra Ojha. For Respondent(s) : Mr.Rajesh Bhati. For Complainant : Mr.Praveen Bhati. _____________________________________________________ HON'BLE MR. JUSTICE SANDEEP MEHTA Judgment 30/03/2017 Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant. Perused the case diary. The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.35/2017, registered at Police Station Aaspur, Dist. Dungarpur for the offences under Sections 498A, 406 and 304B IPC. There is available on record the dying declaration of Smt.Pooja recorded by the Executive Magistrate, Ahmedabad. In such statement all that was alleged is that the petitioner was having extra marital affairs due to which deceased was perturbed and often used to suffer from giddiness and vertigo. On the fateful (2 of 2) [CRLMB-2156/2017] day, she started suffering from vertigo while cooking food and fell down on the stove resulting into burn injuries. In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Shailesh Kumar arrested in connection with the F.I.R. No.35/2017, registered at Police Station Aaspur, Dist. Dungarpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and 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. (SANDEEP MEHTA), J.