In a bail application for alleged dowry death involving Sections 498A and 304 read with 302 IPC, the High Court allowed bail due to no evidence linking the petitioner to the incident where the deceased committed suicide at her sister's residence.
Petitioner enlarged on bail by furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/012855]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3761/2023
Ramnarayan S/o Shri Lichman Ram, Aged About 20 Years, R/o Shrera, P.s. Napashar, District Bikaner (Raj.) (At Present Lodged At District Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr.Sanjeet Purohit. |
|---|---|
| For Respondent(s) | : Mr.Shrawan Kumar,P.P. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
01/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.172/2022 registered at Police Station Napasar, District Bikaner, for offences under Sections 498A & 304B and in alternative Section 302 IPC.
Learned counsel for the petitioner submitted that the complainant in his FIR has stated that the marriage of the present petitioner with his granddaughter was solemnized on 7.7.2016. However, the deceased was being harassed by the present petitioner, father-in-law (Lichhman Ram), mother-in-law (Geeta) and sister-in-law (Santosh) for bringing less dowry in the marriage. Learned counsel submitted that in the FIR, it was alleged that due to aforesaid cruel behaviour and demand of
[2023/RJJD/012855]
[CRLMB-3761/2023]
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dowry, the deceased ended her life by consuming poison on 10.10.2022.
Drawing attention of the Court towards the charge-sheet filed by the investigating agency before the competent criminal court, learned counsel submitted that the allegations of exactly similar nature were levelled against the petitioner and his other family members, however the investigating agency has not filed the charge-sheet against other family members. Learned counsel submitted that from the charge-sheet, it would further reveal that the deceased (Sharda) was not residing with the petitioner in her matrimonial house and as a matter of fact, at the time of incident, she was residing with her sister.
Learned counsel submitted that the petitioner has been falsely implicated in the present case and there is nothing on record which suggests that the deceased was subjected to harassment and cruelty by the present petitioner in connection with demand of dowry soon before her death. Learned counsel submitted that in absence of any evidence suggesting the fact that the behavior of the present petitioner was such that would drive the deceased to commit suicide, he cannot be roped in the present case. Learned counsel thus implored the Court to accept the bail application.
Per contra, learned Public Prosecutor opposed the bail application.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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[CRLMB-3761/2023]
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Considering the arguments advanced by the counsel for the parties and also challan papers, in the prima-facie opinion of the Court, since the deceased committed suicide at her sister’s residence and there is no evidence of her being subjected to cruelty by the petitioner in connection with demand of dowry and looking to the possibility that the trial may take long time to conclude; this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Ramnarayan S/o Shri Lichman Ram shall be enlarged on bail in connection with FIR No.172/2022 registered at Police Station Napasar, District Bikaner, 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.
(KULDEEP MATHUR),J
/tarun goyal/ Sr.No.95
1 issue framed by the court
Whether petitioner accused of dowry death should be enlarged on bail given lack of evidence linking him to the deceased's suicide?
3 provisions across 2 enactments
Ramnarayan S/o Shri Lichman Ram
State Of Rajasthan
KULDEEP MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
