The High Court of Rajasthan rejected the petitioner's bail application under Section 439 Cr.P.C. in a 498-A and 304-B case, declining to grant bail without evaluating case merits despite the petitioner's submissions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 11063/2021
Kamla W/o Gordhan Ram, Aged About 45 Years, B/c Megwal, R/o Village Motavatan P.S. Gajner, Bikaner. (At Present Lodged in Central Jail, Bikaner)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Hari Shanker Shrimali For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
20/10/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with the F.I.R. No.62/2021 registered at Police Station Gajner, Bikaner for the offences punishable under Sections 498-A and 304-B of the IPC.
Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that initially missing person report was lodged by the petitioner’s side; after delay of seven days FIR has been filed by the father of the deceased; petitioner is a 45 years old lady. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.
(2 of 2)
[CRLMB-11063/2021]
Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application and stated that marriage was solemnised on 23.06.2020; sister of the deceased i.e. Santosh is also married in the same family; during the statement of Santosh recorded under Section 164 Cr.P.C., she has supported the story of the prosecution; as per her statement, her sister (the deceased) was harassed and severely beaten by the petitioner as well as her in laws for dowry demand.
In reply, learned counsel for the petitioner stated that in the statement of Santosh, omnibus allegations are made against the petitioner as well as father in law of the deceased etc.
Having regard to the facts and circumstances of the case, particularly to the facts that as per the statement of Santosh, deceased was harassed by the accused-petitioner as well as Mularam for the demand of dowry of rupees two lakh but not support the allegations against the father in law Gordhan Ram and sister in law Kannu, hence, it cannot be held that these allegations are omnibus in nature, therefore, without expressing any opinion on the merits/demerits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the accused-petitioner.
Accordingly, the present bail application preferred by the petitioner - Kamla W/o Gordhan Ram under Section 439 Cr.P.C. is rejected.
However, looking the facts and circumstances of the case, petitioner is free to file fresh bail application after the statements of Santosh before the concerned trial Court.
(DEVENDRA KACHHAWAHA),J
37-Arvind/-
1 issue framed by the court
Whether bail under Section 439 CrPC should be granted to a petitioner in cases of dowry-related offences.
1 provisions across 1 enactments
Kamla W/o Gordhan Ram
State of Rajasthan through PP
Deendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
