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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