Allowed

Ajay Kumar S/O Babulal v. State of Rajasthan

Rajasthan HC25 May 2022CRLMB/1770/2022

Case brief

AI extract

What is this about?

This High Court allowed the bail application of Ajay Kumar under Section 439 Cr.P.C. for offences under Sections 498 A & 304 B IPC. The Court quashed the arrest order based on convincing evidence regarding the fabrication of dowry allegations by the deceased's involvement with another person.

What did the court decide?

Bail granted with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Ajay Kumar S/O Babulal Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1770/2022

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Ajay Kumar S/o Babulal, Aged About 25 Years, R/o Banda Patti, In Front Of P.n.b Bank, Suroth, Karauli (Raj.) ( At Present Accused Confined In Sub Jail Hindaun City, District Karauli)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Bhuwnesh Sharma For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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25/05/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Ajay Kumar S/o Babulal. The petitioner has been arrested in connection with FIR No. 283/2021 registered at Police Station Suroth, District Karauli for the offence(s) under Sections 498 A & 304 B of IPC.

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Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. He is behind the bars since long time. No useful purpose would be served by keeping him behind the bars till disposal of the case.

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Per contra, learned Public Prosecutor opposed the bail application.

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Heard learned counsel for both the parties. Perused the entire material made available on record. The ingredients essential to constitute an offence recorded under Section 304 B of IPC are conspicuously missing, he drew attention of this Court towards the statement of prosecution witness Suresh Chandra, Smt. Rampati

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(2 of 2)

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[CRLMB-1770/2022]

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devi, Smt. Machla and Vijendra Singh and others. As per them the discord in between the spouses and the reason behind their rift was that the deceased used to talk clandestinely with some person not known to the petitioner. There was no dispute regarding the demand of dowry or cruelty in relation to demand of dowry. It is the finding of the Investigating Agency that the petitioner was preparing for the competitive examinations prior to one week of the incident. The petitioner had gone to Jaipur for the purpose of study, thus at that relevant point of time when the deceased committed suicide, the petitioner was not present there even in the village. The finding of the Investigating Agency that while at Jaipur, the petitioner used to make a call to the deceased for the purpose of demand of dowry appears to be highly inconvincing and filmsy. After investigation, challan has been filed.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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GAURAV SHARMA /148

Ajay Kumar S/O Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ajay Kumar S/O Babulal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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