Allowed

Rahul Sharma S/O Shri Basant Kumar Sharma v. State of Rajasthan

Rajasthan HC4 Aug 2022CRLMB/202/2022

Case brief

AI extract

What is this about?

Justice Sameer Jain allowed bail to Rahul Sharma under Section 439 Cr.P.C. in a case involving allegations of dowry harassment and suicide. The court noted the absence of physical injuries, prior complaints, or evidence of financial transactions indicating dowry demands.

What did the court decide?

Accused-applicant enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Rahul Sharma S/O Shri Basant Kumar Sharma Vs State… — Matrimonial and Divorce | 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. 202/2022

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Rahul Sharma S/o Shri Basant Kumar Sharma, R/o Mamu Bhanja Kuncha Ramsarandas PS Gandhi Park Dist. Aligarh U.P. (At Present In Sub Jail Tijara Alwar)

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----Applicant

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Applicant(s) : Mr. Rahul Tiwari For State : Mr. Riyasat Ali, PP For Complainant : Mr. Rajneesh Gupta with Mr. Rahul Sharma

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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04/08/2022

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The present bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.311/2021 registered at Police Station Tapukara, District Bhiwadi for the offence(s) under Sections 498A 304B of IPC.

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Learned counsel for the applicant has submitted that marriage of deceased and the accused-applicant was solemnized on 11.11.2016. Out of wedlock, one child was born. Learned counsel has further submitted that there are no criminal antecedents, the accused is sole son and has to take care of his family and parents. Applicant is behind the bars since 30.09.2021. No recovery has to be made qua the accused. As per post mortem report of the deceased there is no sign of injury or physical violence. Prior to the said incidence, no complaint had been filed

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(2 of 3)

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[CRLMB-202/2022]

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for domestic violence or related to dowry demand by the deceased on her parents. The FIR has been filed as an after thought by the complainant. It was only on account of family fight that deceased committed suicide. Charge-sheet has been filed. Conclusion of the trial will take its own time.

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Per contra , learned Public Prosecutor has opposed the bail application.

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Learned counsel for the complainant has submitted that there certain financial transactions between the complainant and the accused-applicant were seen. Learned counsel has further submitted that post mortem report reflects that there was no sign of knot on the neck of the deceased, which should have been there, if suicide was committed by hanging.

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Heard the arguments advanced by respective counsel and scanned the record.

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Taking into consideration that the accused-applicant is in custody since 30.09.2021, charge-sheet has been filed, no other family member of the accused-applicant have been charged with any offence, no evidence has come on record pertaining to domestic violence or demand of dowry, nor any other FIR has been filed prior to the said incident, no sign of physical injury were reflected in the medical report, conclusion of the trial will take its own time and no recovery is required to be made qua the accused-applicant, this court deems it fit to allow the pre-arrest bail application of the accused-applicant.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Rahul Sharma S/o Shri Basant Kumar Sharma shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two

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(3 of 3)

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[CRLMB-202/2022]

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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.

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(SAMEER JAIN),J

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JKP/6

Rahul Sharma S/O Shri Basant Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rahul Sharma S/O Shri Basant Kumar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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