Allowed

Govind Singh S/O Babu Singh v. State of Rajasthan

Rajasthan HC25 May 2023CRLMB/2510/2023

Case brief

AI extract

What is this about?

This bail application filed in connection with offences under IPC Sections 498-A and 306 was allowed. The court noted prima facie missing ingredients for abetment of suicide and granted release on bail pending trial.

What did the court decide?

Petitioner released on bail on personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each conditioned to appear before the trial court on all dates.

Govind Singh S/O Babu Singh Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2023)

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[2023/RJJP/011901]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2510/2023

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Govind Singh S/o Babu Singh, Aged About 32 Years, Resident of Kasba Halena Police Station Halena, Distt. Bharatpur. (At Present Confined Central Jail Sewar Distt. Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. D.S. Bagadia, Adv. Mr. Mahesh Dattatreya, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. Anshul Sharma, Adv.

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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25/05/2023

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This bail application under Section 439 Cr.P.C. has been filed by petitioner in connection with FIR No.299/2022 registered at Police Station Halena District Bharatpur wherein he is charged for offences punishable under Sections 304-B and 506 of IPC (later on for the offences under Sections 498-A and 306 of IPC).

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Learned counsel for the petitioner submits that this was the second marriage of both petitioner as well as of the deceased and at the time of marriage no dowry was given. Counsel submits that owing to petty domestic dispute, the deceased has committed suicide. Counsel submits that after investigation, the police has submitted charge-sheet against the petitioner for the offences under Sections 498-A and 306 of IPC while there is no evidence against the petitioner that he abated the deceased to commit suicide. Counsel submits that ingredients contained under Section

[2023/RJJP/011901]

[CRLMB-2510/2023]

(2 of 3)

306 of IPC are missing. Counsel submits that the petitioner is in custody since the date of his arrest and trial will take its own time to conclude, so indulgence of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor as well as the learned counsel for the complainant opposed the bail application and submitted that the deceased was beaten on regular basis by the petitioner for want of dowry, that is why, the deceased had committed suicide. Counsel submits that looking to the gravity of the offences, the petitioner does not deserve any indulgence of bail. 4. Heard and considered the submissions made at the bar and perused the material available on the record. 5. Considering the arguments put forward by the learned counsel for the petitioner and looking to the statements of the witnesses wherein prima facie the ingredients of the offence under Section 306 IPC are missing and looking to the fact that the trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I find it a fit case for grant of bail to the petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Govind Singh S/o Babu Singh arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of 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.

(3 of 3)

[2023/RJJP/011901]

[CRLMB-2510/2023]

Before parting with the order, it is made clear that this Court has not expressed any opinion on the merits of the case. The trial Court would be at liberty to proceed further with the matter independently on the basis of the statements of the witnesses without being influenced by this order.

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(ANOOP KUMAR DHAND),J

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MR/11

Govind Singh S/O Babu Singh v. State of Rajasthan

Case brief

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Govind Singh S/O Babu Singh v. State of Rajasthan

Case brief

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