Dismissed

Gopal S/O Sh. Mangilal v. State of Rajasthan

Rajasthan HC19 Oct 2020CRLMB/9208/2020

Case brief

AI extract

What is this about?

A bail application under Section 439 Cr.P.C. for a petitioner accused of offences under Sections 498A and 306 IPC was dismissed by the High Court. The court found no grounds to allow bail at this stage, directing the trial court to record evidence of material witnesses expeditiously.

What did the court decide?

Bail application dismissed; applicant liberty to move fresh application after recording of material witness evidence.

Gopal S/O Sh. Mangilal Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9208/2020

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Gopal S/o Sh. Mangilal, Aged About 28 Years, R/o Vill. Panda Ka Pura Tan Kyarda Ps Nayi Mandi Hindaun Dist. Karauli Raj. (Presently In Dist. Jail At Dist. Karauli)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Anurag Sharma (through video conferencing) For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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19/10/2020

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This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 142/2020 registered with Police Station Nayi Mandi, Hinduan, District Karauli, for the offence punishable under Sections 498A, 302 of of IPC.

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It has been submitted on behalf of the petitioner that initially the matter was registered under Sections 498A and 302 of IPC but after investigation charge-sheet has been filed under Sections 498A and 306 of IPC. Admittedly, marriage of petitioner with the deceased was solemnised on 29.04.2004. He has been falsely implicated in the case. Element of abatement of suicide is missing from entire evidence. Petitioner was not present at the

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(2 of 2) [CRLMB-9208/2020]

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time when his wife, Guddi (deceased) committed suicide.

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Charge-sheet has been filed. Completion of trial will take time.

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Learned Public Prosecutor has opposed the bail application and has argued that on the basis of evidence collected during the investigation, there is ample evidence that the petitioner used to consume liquor and beat his wife and due to this she went to her parent’s house and resided with them for a considerable time.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor, perused the material available on record.

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On consideration of the arguments/submissions of both the parties, perusal of evidence available on record and looking to gravity of charges, and nature of offence but without commenting upon detailed merits of the case, no ground is made out to allow this bail application at this stage. Hence, it deserves to be rejected. Consequently, the bail application is dismissed. However, the petitioner will be at liberty to move fresh bail application after recording of evidence of material witness in the learned trial court. Learned trial court is directed to record the evidence of material witnesses expeditiously.

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Accordingly, the bail application is dismissed.

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(MANOJ KUMAR VYAS),J

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PRIYANKA /21

Gopal S/O Sh. Mangilal v. State of Rajasthan

Case brief

What is this about?

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Gopal S/O Sh. Mangilal v. State of Rajasthan

Case brief

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What did the court decide?

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