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Shivbhagwan @ Shribhagwan vs State Of Rajasthan on 25 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2391/2019

Shivbhagwan @ Shribhagwan S/o Shri Sahiram, Aged About 22
Years, B/c Jat, R/o Biludas Madiyan, Tehsil Sardarshahar, District
Churu. (Presently Lodged At District Jail, Churu)

—-Petitioner
Versus
State Of Rajasthan, Through P.p.

—-Respondent

For Petitioner(s) : Mr. Suresh Khumbhat
For Respondent(s) : Mr. AS Rathore, PP

HON’BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/02/2019

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 FIR No.101/2018 of

Police Station Bhanipura, District Churu for the offences

punishable under Sections 498A, 304B IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that from

the charge-sheet filed against the petitioner, it is clear that on the

date of incident, there was some quarrel between mother of the

petitioner and deceased in relation to some household works and

being annoyed with the same the deceased committed suicide. It

is submitted that the petitioner got married to the deceased

around six years back and during those years, there was no

complaint either by the deceased or by her family members
(2 of 2) [CRLMB-2391/2019]

regarding demand of dowry. It is also submitted that from the

charge-sheet, it is clear that the allegation against the petitioner

only is to the effect that when the mother of the petitioner used to

quarrel with the deceased, the petitioner took side of her mother.

It is further submitted that the petitioner is in judicial custody

since long and be enlarged on bail.

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 Section 439

Cr.P.C. is allowed and it is directed that petitioner Shivbhagwan @

Shribhagwan S/o Shri Sahiram, shall be released on bail in

connection with FIR No.101/2018 of Police Station Bhanipura,

District Churu 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

SURABHII/55

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