HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. 2nd Bail No. 8861 / 2017
Vinod Kumar S/o Sh. Bhadar Ram, B/c Nayak, R/o Ward No. 17,
Mammad Kheda, Police Station Lalgarh, Jatan, Tehsil Sadulsahar,
District Sri Ganganagar. (Presently Lodged in Central Jail Sri
State of Rajasthan
For Petitioner(s) : Mr.H.S.S.Kharlia.
For Respondent(s) : Mr.O.P.Rathi, P.P., Mr.Subhash Vishnoi.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
The present second application for bail has been filed under
Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in
relation to F.I.R. No.336/2016, P.S. Lalgarh, Sriganganagar, for the
offences under Sections 498A and 306 I.P.C.
Heard learned counsel for the petitioner, learned Public
Prosecutor and learned counsel for the complainant. Perused the
material available on record.
The first bail application submitted on behalf of the petitioner
was rejected by this Court giving him liberty to renew the prayer
for bail after examination of the witnesses Seema and Motha
Singh by the trial court. The witness Seema upon being examined
at the trial as P.W.3 did not level any allegation that the petitioner
being the husband of the deceased Smt.Sharda ever harassed or
(2 of 2)
humiliated her on account of demand of dowry. All that
Smt.Seema alleged in her statement is that the husband and wife
used to quarrel because the petitioner used to return from work in
the late hours of the night. The witness Motha Singh did not
support the prosecution case and was declared hostile.
In this view of the matter and having regard to the entirety
of facts and circumstances as available on record and upon a
consideration of the arguments advanced at the Bar, this Court is
of the opinion that the petitioner deserves to be enlarged on bail.
Consequently, this second application for bail is allowed. It is
ordered that the accused-petitioner namely Vinod Kumar arrested
in connection with F.I.R. No.336/2016, P.S. Lalgarh,
Sriganganagar shall be released on bail; provided he furnishes a
personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-
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.