The court allowed the bail application of an Army personnel accused of Sections 439 IPC and 306 IPC injuries, considering his service and the bail status of the main accused mother-in-law.
Accused-petitioner shall be released on bail on furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/each.
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HIGH COURT OF JUDICATURE FOR RAJASWAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10900/2022
Rambabu S/O Shri Toliram, Aged About 37 Years, R/o Laxmangarh. Dist Alwar ~t Present R/o Mahadeva Ka Kuwan, Tuleda Road, Alwar (Raj.) (~t Present Petitioner 1s Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
: For Petitioner(s) Mr. Kapil Gupta, Adv. For State(s) : Mr. Atul Sharma, PP For Complainant(s) : Mr. Amit Kumar Dhawan, Adv.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 0113/2020 registered at Police Station Mahila Thana District Alwar for the offence(s) under Sections 498A and 306 IPC.
2. Learned counsel for the accused-applicant submits that In the date of marriage in the instant case is 21.04.2008. intervening period from the date of marriage till the date of occurrence of incident, there is no dispute between the deceased The main accused mother-in-law of and the accused-applicant. the deceased, who had allegedly given poison to the deceased, has been enlarged on the bail, vide order dated 05.08.2022 by this court. ,
3. Per contra, learned Public prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail application. Learned Public Prosecutor has not been able to controvert the fact that main accused-chhuttan Devi has been enlarged on bail, who was named in the FIR. 4. Considering the arguments advanced by the counsel for the Parties and considering the fact that accused-a~~licant is Serving the Indian Army and the fact that main accused has already been enlarged on bail but without commenting On the merits of the case, this court is inclined to grant the bail application of the accused-applicant and therefore the applicant is released on bail, 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Rambabu S/o Shri Toliram shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do So.
(SAMEER JAIN) ,J
1 provisions across 1 enactments
Rambabu S/O Shri Toliram
State Of Rajasthan
Sameer Jain
As recorded by the court registry
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