Allowed

Babu Lal v. State

Rajasthan HC13 Aug 2019CRLMB/8327/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan in a bail application allowed bail to the petitioner accused of offences under Sections 498-A and 304-B IPC. The applicant claimed absence from the scene of the incident but the court disposed of the matter without expressing an opinion on merits.

What did the court decide?

Petitioner to be released on bail in connection with FIR No.137/2019 on a personal bond of Rs.50,000 with two sound and solvent sureties of Rs.25,000 each.

Babu Lal Vs State — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8327/2019

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Babu Lal S/o Shri Madan Lal, Aged About 22 Years, By Caste Sunar, R/o Ward No.14, Bigga Bass, Sri Dungargarh, District Bikaner.

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(Confined In Central Jail, Bikaner)

----Petitioner

Versus

State of Rajasthan

	----Respondent
For Petitioner(s)	: Mr. Anil Gupta For Mr. S.K. Verma
For Respondent(s)	: Mr. S.K. Bhati, P.P. assisted by Mr. Ravindra Khichi, A.P.P.
For Complainant(s)	: Mr. C.R. Choudhary

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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13/08/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

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The petitioner has been arrested in FIR No.137/2019 of Police Station Sri Dungargarh, District Bikaner for the offences punishable under Sections 498-A and 304-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that at the time when deceased Megha fell down from the terrace of the house, admittedly the petitioner was not there and he was at

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(2 of 2)

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[CRLMB-8327/2019]

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the shop. Learned counsel for the petitioner has submitted that as a matter of fact, deceased Megha committed suicide, however, her family members have falsely alleged that the petitioner along with other co-accused persons thrown her from the terrace of the house.

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Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, after perusing the factual report dated 08.08.2019 submitted by learned Public Prosecutor and after taking into consideration the fact mentioned in the factual report that at the time of incident, the petitioner was not in the house and he was at the shop, 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.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Babu Lal S/o Madan Lal shall be released on bail in connection with FIR No.137/2019 of Police Station Sri Dungargarh, District Bikaner 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.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.2

Babu Lal v. State

Case brief

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Babu Lal v. State

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