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Shailesh Kumar vs State on 30 March, 2017

              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)
State of Rajasthan Through Public Prosecutor.
For Petitioner(s)   : Mr.Jitendra Ojha.
For Respondent(s) : Mr.Rajesh Bhati.
For Complainant     : Mr.Praveen Bhati.

     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)

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.


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