Allowed

Amarkala v. State

Rajasthan HC11 Mar 2022CRLMB/115/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed under Section 439 Cr.P.C. The petitioner, charged under IPC Sections 302, 498A, and 304B, was granted bail noting the hostile stance of prosecution witnesses and the proviso regarding women, without adjudicating merits.

What did the court decide?

The petitioner was released on bail subject to a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/ each.

Amarkala Vs State — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 115/2022

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Amarkala W/o Dilawar, Aged About 49 Years, R/o Durjana, Teh. Nohar, Dist. Hanumangarh.

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(At Present Lodged In Sub Jail, Nohar).

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----Petitioner

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Versus

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State of Rajasthan through PP

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		----Respondent
For Petitioner(s)	:	Mr. Suresh Nehra
For Respondent(s)	:	Mr. Arun Kumar, PP Mr. Vikas Bijarnia for the complainant

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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11/03/2022

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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 F.I.R. No.512/2021, Police Station Nohar, District Hanumangarh, registered for the offence punishable under Sections 498 A, 304 B, 34 and 302/34 of the Indian Penal Code.

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Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that statements of PW.1-Mahendra (father of the deceased), PW.2-Santosh (mother of the deceased), PW.3-Mukesh (sister-in-law of the deceased),

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(2 of 3)

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[CRLMB-115/2022]

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PW.4-Mukesh Kumar (brother of the deceased), PW.5-Mahendra [uncle of the deceased (Mama) ], PW.6-Rajendra, [uncle of the deceased (Chacha) ], PW.7-Pannalal and PW.8-Rajeram (grand father of the deceased) have been recorded before learned trial Court; none of the above mentioned witness has supported the story of prosecution and turned hostile; as per para 5 of the rejection, no other case is registered against the petitioner; petitioner is behind the bars since 18.11.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by learned counsel for the petitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that none of the witness has supported the story of prosecution and turned hostile; accusedpetitioner is behind the bars since 18.11.2021; that the proviso of Section 437 Cr.P.C. is itself very clear that liberal view should be adopted for women while considering bail prayer; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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(3 of 3)

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[CRLMB-115/2022]

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Amarkala W/o Dilawar, arrested in connection with F.I.R. No.512/2021, Police Station Nohar, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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27-Rashi/-

Amarkala v. State

Case brief

What is this about?

What did the court decide?

Amarkala v. State

Case brief

What is this about?

What did the court decide?

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