Second bail application allowed in a case under Sections 498-A and 304-B IPC. Court granted bail in connection with FIR 159/2020 noting the petitioner was in custody for over two years and the deceased was mentally ill.
Petitioner released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.
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[2023/RJJD/006345]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 834/2023
Kisna Ram S/o Rana Ram, Aged About 31 Years, Vill. Khejhariyali, P.S. Samdari, Dist. Barmer (Raj.). (In Judicial Custody At Sub Jail, Balotra).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Petitioner’s Father-Self : Mr. Rana Ram Bheel For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
08/03/2023
Heard petitioner’s father, who is present in person, as well as the learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.159/2020 of Police Station Samdari, District Barmer for the offences punishable under Sections 498-A, 304-B IPC. He has preferred this second bail application under Section 439 Cr.P.C.
Mr. Rana Ram Bheel, petitioner’s father, present in person has submitted that after rejection of the first bail application of the petitioner, statements of parents of the deceased have been recorded before the trial court from which it is clear that the petitioner has not demanded dowry soon before the death of the deceased. It is further submitted that as a matter of fact, the deceased was mentally ill and on account of that she committed
(2 of 2)
[2023/RJJD/006345]
[CRLMB-834/2023]
suicide. It is submitted that the petitioner is in custody since last more than two years and trial of the case is likely to take time, therefore, he may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
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.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kisna Ram S/o Rana Ram shall be released on bail in connection with FIR No.159/2020 of Police Station Samdari, District Barmer 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.
(VIJAY BISHNOI),J
47-AjaySingh/-
2 issues framed by the court
Whether bail should be granted to the petitioner in view of the medical finding and specific circumstances of the case.
Whether the long duration of custody justifies granting bail in the second bail application.
1 provisions across 1 enactments
Kisna Ram S/o Rana Ram
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
