The High Court allowed bail to the petitioner in a case involving dowry harassment and attempt to suicide, citing his minor children and the prevailing COVID-19 situation as grounds.
Release on bail with a personal bond of Rs. 20,000 and one surety complying with Section 437(3) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.2381/2020
Mukesh Kumar S/o Bansidhar, Aged About 34 Years, R/o Sirohi Ps Chandwaji Dist. Jaipur (At Present Confined At Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : None For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
07/05/2020
This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.20/2020 registered at Police Station, Chandwaji District Jaipur Rural, for offence under Section(s) 498-A and 306 IPC.
Heard learned Public Prosecutor and perused the factual report.
It is submitted that the allegations against the petitioner are of offence under Section(s) 498-A and 306 IPC and marriage has taken place on 27.2.2009 and charge sheet has already been filed. The trial is likely to take long time.
Taking into consideration the nature of the allegation levelled against the petitioner and the fact that he has three minor children and considering the Pandemic COVID-19 period and
(2 of 2)
[CRLMB-2381/2020]
further 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-Mukesh Kumar S/o Bansidhar be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that they shall comply with all the conditions laid down under Section 437 (3)
Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
Karan Bhutani /1
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in offences involving cruelty and attempt to suicide.
Whether extraordinary circumstances during the COVID-19 pandemic justify granting bail.
4 provisions across 2 enactments
Mukesh Kumar S/o Bansidhar
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
