In a bail application under Section 439 Cr.P.C., the petitioner, arrested for alleged dowry harassment and culpable homicide, was denied bail. The Court, without deciding merits, held it was not a fit case for bail in view of the allegations. Trial expedition was directed.
Bail application rejected; Trial Court directed to expedite the trial.
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[2023/RJJD/016516]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 469/2023
Surendra Kumar S/o Ram Pratap, Aged About 35 Years, Dhigarla, Teh. Sidhmukh, Dist. Churu. (Presently Lodged In Dist. Jail Churu).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. R. S. Choudhary |
|---|---|
| For Respondent(s) | : Mr. Laxman Solanki, PP |
| Mr. Abhishek Charan,for complainant |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order
19/05/2023
The petitioner has been arrested in connection with FIR No.167/2022 of Police Station Sidhmukh, District Churu for the offences punishable under Sections 498-A & 306 of IPC. He has preferred this bail application under Section 439 Cr.P.C. 2. Learned counsel for the petitioner submits that there was no dowry demands on behalf of the petitioner. Learned counsel further submitted that the petitioner has not beaten the deceased and the deceased was usually remaining ill. It is also submitted that there were disputes between the husband and wife, however, the same were resolved, therefore, it is prayed that the accusedpetitioner may be granted bail.
(2 of 2)
[2023/RJJD/016516]
[CRLMB-469/2023]
were dowry demands from the side of the petitioner. It is also submitted that in the present case, the statement of material witnessed are yet to be recorded, therefore, the petitioner may not be granted indulgence of bail.
(MADAN GOPAL VYAS),J
135-nidhi/-
3 issues framed by the court
Whether bail should be granted to the accused accused of offenses under Sections 498-A and 306 IPC given alleged dowry demands and the deceased's ill health.
Whether the present case constitutes a fit case for grant of bail without commenting on merits and demerits.
Whether the trial Court should be directed to expedite the trial given the opposition to bail.
2 provisions across 2 enactments
Surendra Kumar
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
