Allowed

Krishna Kumar v. State of Rajasthan

Rajasthan HC11 May 2023CRLMB/243/2023

Case brief

AI extract

What is this about?

In a third bail application under Section 439 Cr.P.C. regarding offences under Sections 498-A, 304-B, and 302/34 IPC arising from a wife's suicide, the Court granted bail to the petitioner despite the severity of charges, considering the length of custody and limited prosecution witnesses examined.

What did the court decide?

Petitioner released on bail via personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Krishna Kumar Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023/RJJD/014835]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Third Bail Application No. 243/2023

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Krishna Kumar S/o Shri Badri Nath, Aged About 26 Years, R/o Chak 6 MLD, Police Station Nai Mandi, Gharshana, Tehsil Gharshana, District Sriganganagar (Raj.). (In Judicial Custody At Central Jail, Sriganganagar).

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----Petitioner

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Versus

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The State Of Rajasthan

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----Respondent

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For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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11/05/2023

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.394/2018 of Police Station Gharsana, District Sri Ganganagar for the offences punishable under Sections 498-A, 304-B and 302/34 IPC. He has preferred this third bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that the after rejection of earlier bail application of the petitioner, statements of complainant – Tekpal Nayak have been recorded before the trial court as PW-6. It is submitted that from the above statements, it is clear that no specific demand of dowry was ever made by the petitioner. It is also submitted that as a matter of fact the wife of the petitioner committed suicide for the reasons

[2023/RJJD/014835]

[CRLMB-243/2023]

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best known to her. It is further submitted that the petitioner was arrested on 27.12.2018 and till date out of 23 prosecution witnesses only 6 have been examined. It is, therefore, prayed that looking to the custody period of the petitioner he is entitled to be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application, however, not in a position to dispute the above mentioned fact.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Krishna Kumar S/o Shri Badri Nath shall be released on bail in connection with FIR No.394/2018 of Police Station Gharsana, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.13

Krishna Kumar v. State of Rajasthan

Case brief

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Krishna Kumar v. State of Rajasthan

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