Single judge granted bail in a dowry death case (IPC 498A, 304B). The court found no evidence of cruelty preceding the deceased's death.
Petitioner enlarged on bail on furnishing a 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:RJ-JD:39408]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6510/2023
Rahul Dev Singh S/o Ashok Singh, Aged About 24 Years, R/o Bidhapura, Tehsil Baah, Arnota, District Agra, Uttar Pradesh, At Present R/o Rajeev Gandhi Colony, Near Sisodiya Garden, Opp. Sandhya E Mitra, Shiv Temple, Pal Link Road, Police Station Devnagar, Jodhpur. (In Judicial Custody At Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Suresh Brahman |
|---|---|
| For Respondent(s) | : Mr. S.K. Bhati,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/11/2023
The instant bail application has been filed by petitioner under Section 439 Cr.P.C. against the order impugned passed by learned court below in connection with FIR No.284/2022 registered at Police Station Dev Nagar, District Jodhpur City (West) for the offences under Sections 498A and 304B of IPC. Learned counsel for the petitioner submits that the petitioner is in judicial custody in connection with the above offences. He further submits that a false case has been foisted against the petitioner and he has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars.
Per contra, learned Public Prosecutor opposed the bail application.
[2023:RJ-JD:39408]
[CRLMB-6510/2023]
(2 of 2)
Despite service, none appeared for the
respondent/complainant.
Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the challan paper and the evidence recorded in the trial so far.
After going through the statement of the father of the deceased Shri Ramkhiladi, who is examined as PW-1 in the trial and taking into account the totality of the facts and circumstances, more particularly upon consideration of the fact that there is no evidence on record to show or to suggest that soon before the death of the deceased, she was subjected to cruelty in connection with the demand of dowry, I deem it appropriate to accede the prayer made by the petitioner.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rahul Dev Singh S/o Ashok Singh shall be enlarged on bail provided he furnishes a personal bond in 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.
(FARJAND ALI),J
208-/Devesh/Ajay/-
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C. (now BNS/BNSS equivalent) or Section 439 Cr.P.C. in a dowry death case.
1 provisions across 1 enactments
Rahul Dev Singh S/o Ashok Singh
State Of Rajasthan, Through PP
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
