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Shrawan Ram vs State on 4 February, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1541/2020

Shrawan Ram S/o Sri Prema Ram, Aged About 27 Years, By
Caste Jat, R/o Village Nandwan, Tehsil Luni, District Jodhpur
(Raj.). (In Judicial Custody At Central Jail, Jodhpur).

—-Petitioner
Versus
State, Through P.P.

—-Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Senior Advocate
with Mr. Pradeep Choudhary
For Respondent(s) : Mr. Laxman Solanki, PP

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/02/2020

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.52/2019, Police Station Luni, District Jodhpur for the

offences under Sections 498A, 304B 302/34 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned Senior Counsel has submitted that there are

omnibus allegations against petitioner and other co-accused

persons, who are mother-in-law, sister-in-law and father-in-law.

It is further submitted that there is no evidence that the petitioner

ever harassed the deceased for demand of dowry soon before her

death. Learned counsel has also stated that charge-sheet has

already been filed in the matter. Lastly, it is submitted that co-

accused Smt. Meera Devi and Prema Ram with one Ms. Amita

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(2 of 2) [CRLMB-1541/2020]

have been enlarged on bail by this Court vide orders dated

12.12.2019 and 20.11.2019, respectively, and case of the

petitioner is not distinguishable from the case of co-accused,

therefore, petitioner may also be given indulgence by enlarging

him on bail.

The learned Public Prosecutor opposes the bail application

but he is unable to distinguish the case of the present petitioner

vis-a-vis the case of the co-accused persons who have been

enlarged on bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced and considering

the fact that the case of the present petitioner is identical to co-

accused aforesaid who have been enlarged on bail by this Court,

this Court is of the opinion that the petitioner is also entitled for

the grant of bail under Section 439 Cr.P.C.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Shrawan Ram S/o Sri Prema Ram,

arrested in connection with F.I.R. No.52/2019, P.S. Luni, District

Jodhpur, shall be released on bail; provided he furnishes a

personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) with

two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only)

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.

(VINIT KUMAR MATHUR),J

51-T.Singh/-

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