HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State Of Rajasthan, Through P.p.
For Petitioner(s) : Mr. Suresh Khumbhat
For Respondent(s) : Mr. AS Rathore, PP
HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
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.
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