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Sita Ram vs State on 13 July, 2021

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8809/2021

Sita Ram S/o Krishan Lal, Aged About 26 Years, R/o Chak No. 6
Bhm, Rohi Jakharwali, Tehsil Pilibanga, District Hanumangarh.
(Presently Lodged At District Jail Hanumangarh)

—-Petitioner
Versus
State, Through Pp

—-Respondent

For Petitioner(s) : Mr. Shankar Dayal Goswami
For Respondent(s) : Mr. Mukhtiyar Khan, PP
Mr. DS Gharsana for complainant

HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

13/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.484/2020 registered at Police Station,

Pilibanga District Hanumangarh for offence under Section(s) 306

498A of IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and learned counsel for the complainant and

perused the entire material available on record.

Learned counsel for the petitioner submits that the

petitioner’s wife poured diesel on her and her two children (one

daughter and one son) and lit fire upon herself in the night

without there being any grievous or immediate provocation. The

petitioner as well as other villagers tried to save all three of them

but while taking them to hospital, the petitioner’s wife as well as

his son succumbed to the injuries while girl who was of 4 years

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was saved. However, the relatives of the deceased- wife lodged an

FIR making allegations against the petitioner. A charge-sheet was

filed under Section 306 and 498-A IPC. Learned counsel submits

that the petitioner got married 10 years back and had three

children of the wedlock and one daughter was staying at the in-

laws place.

Learned counsel appearing for the complainant submits that

initially information received was of short-circuit due to which the

fire occurred. Later on, it was learnt that the petitioner’s wife had

poured diesel upon herself. Learned counsel submits that there

were earlier strange relations between the petitioner and the

deceased wife and the cause of committing suicide was essentially

on account of the petitioner giving regular beating to his wife and

demand of dowry.

Learned Public Prosecutor has opposed the bail application.

I have considered the submissions and the statements

recorded under Section 161 Cr.P.C. of independent witnesses and

also find that the petitioner has been burnt while saving all the

three persons as above and there is no statement mentioning of

any immediate quarrel between the petitioner and the deceased

before the incident which is said to have occurred in the late night.

Keeping in view the aforesaid aspects but without

commenting on merits of the case, I deem it just and proper to

enlarge the petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner – Sita Ram S/o Krishan Lal be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR provided the petitioner furnishes a personal bond of

Rs.50,000/- with one surety in the like amount to the satisfaction

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of the concerned Magistrate with the stipulation that he shall

comply with all the conditions laid down under Section 437(3)

Cr.P.C.

(SANJEEV PRAKASH SHARMA),J

31/Nitin

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