This bail application was allowed under Section 439 Cr.P.C. granting bail to the accused while noting facts suggesting innocence, without expressing opinion on merits.
Petitioner directed to be released on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 9944/2018
Hanwant Singh S/o Shri Ram, Aged About 30 Years, B/c Rajput, Village Bhankali, Superpur Police Station, Tehsil Sumerpur, District Pali. (Sub Jail, Sumerpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh For Respondent(s) : Mr. Ashok Upadhyay, P.P. Mr. Girish Sankhala for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
14/11/2018
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 connection with FIR No.497/2017 of Police Station Sumerpur, District Pali for the offences punishable under Sections 498-A, 306 of I.P.C. and under Section 4 of Dowry Prohibition Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that in the FIR filed by brother-in-law of the deceased, there is no allegation against the petitioner. It is also submitted that other witnesses have also not levelled any allegation against the petitioner in their police statement. Learned counsel for the petitioner has submitted that as a matter of fact on account of some tension, the
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[CRLMB-9944/2018]
deceased committed suicide, however, there is no evidence available on record to suggest that the petitioner had ever treated the deceased with cruelty. It is also submitted that the police has not been able to establish that the petitioner has instigated the petitioner to commit suicide.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Hanwant Singh S/o Shri Ram shall be released on bail in connection with FIR No.497/2017 of Police Station Sumerpur, District Pali 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.
(VIJAY BISHNOI),J
Babulal/33
1 issue framed by the court
Whether the accused petitioner is entitled to bail in connection with offences under Sections 498-A, 306 IPC and Section 4 Dowry Prohibition Act.
1 provisions across 1 enactments
Hanwant Singh
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
