Allowed

Illiyas v. State of Rajasthan

Rajasthan HC12 Jul 2019CRLMB/980/2019

Case brief

AI extract

What is this about?

High Court granted second bail to the petitioner in murder and dowry death cases, directing his release on a personal bond of Rs. 50,000 with two sureties after hearing counsel for both sides.

What did the court decide?

The petitioner shall be released on bail in connection with FIR No. 113/2018 upon furnishing a personal bond of Rs. 50,000 with two sound and solvent sureties of Rs. 25,000 each.

Illiyas Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Misc. 2^nd Bail Application No. 980/2019

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Illiyas S/o Anwar @ Manwar Khan, aged about 25 years, B/c Muslim, R/o Ward No. 6 Momasar Bass, Shi Dungargarh, District Bikaner.

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(Presently lodged in District Jail, Bikaner)

---Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner : Mr. R.S. Choudhary For Respondent : Mr. Gaurav Singh, P.P.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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12/07/2019

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The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who has been arrested in connection with FIR No. 113/2018, Police Station Sri Dungargarh, District Bikaner for the offences punishable under Sections 306 and 498-A of I.P.C.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record

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It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner on 16.08.2018, the statement of P.W. 3 – Abdul Karim, who is father of the deceased Afsana, has been recorded before the learned trial court. Learned counsel after having taken this Court to the statement of P.W. 3 – Abdul Karim submits that there is no demand of dowry soon before the death and the F.I.R. filed on earlier occasion against the family members of the petitioner was compromised as the same

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(2 of 2)

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[CRLMB-980/2019]

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was outcome of the petty issues of the day to day household chores in the family. Even, when the matter was compromised, the petitioner was not present in the country. On the date of incident, the door was broken open by the petitioner and his family members and Afsana was taken to the hospital where she was treated and ultimately, she succumbed to the injuries despite extending the best treatment to her. The relationship between the two families was cordial. The conclusion of trial will take sufficiently long time and therefore, it is prayed that the petitioner may be enlarged on bail.

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Learned Public Prosecutor opposes the bail.

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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 extend the concession of bail to the petitioner under Section 439 of Cr.P.C.

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Accordingly, this second bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner - Illiyas S/o Anwar @ Manwar Khan shall be released on bail in connection with FIR No. 113/2018, Police Station Sri Dungargarh, District Bikaner provided he furnishes 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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(VINIT KUMAR MATHUR),J

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211-Inder/-

Illiyas v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Illiyas v. State of Rajasthan

Case brief

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