Allowed

Mukesh Kumar S/O Shri Sohan Lal v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLMB/124/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by an accused charged with offences under Sections 498-A and 304-B IPC. The court held it just and proper to grant bail due to the delay in trial proceedings and failure of prosecution to examine witnesses, directing the petitioner to produce a bond and sureties.

What did the court decide?

Accused-petitioner Mukesh Kumar is enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Mukesh Kumar S/O Shri Sohan Lal Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2024)

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[2024:RJ-JP:7909]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 124/2024

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Mukesh Kumar S/o Shri Sohan Lal, Aged About 24 Years, R/o Village Khandelsar, Police Station Ranoli, Distt. Sikar (Raj.) Presently Residing At Opp. Aryan College, Dhobanti Johdi, Ranoli, Police Station Ranoli, Distt. Sikar, (Raj.) (Presently Confined At District Jail Sikar).

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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. Sunil Kumar Singodiya For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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15/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.234/2022 registered at Police Station Ranoli, District Sikar for the offence(s) under Sections 498-A & 304-B of IPC.

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Learned counsel for the petitioner submits that the accusedpetitioner has been falsely implicated in the case. He further submits that the petitioner is in custody since 03.08.2022 and the trial of case yet not proceeded. He further submits that there is no evidence soon before the death, deceased was subjected to cruelty for demand of dowry. He further submits that deceased committed suicide and from the post-mortem report, it is apparent that cause of death of deceased was due to hanging. He further

[2024:RJ-JP:7909]

[CRLMB-124/2024]

(2 of 2)

submits that the witnesses were neighbours of the petitioner and have denied that the petitioner subjected the deceased to cruelty for demand of dowry. He further submits that despite issuance of bailable warrant to the witnesses, they were not turning for their statements before the court. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor opposes the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that the petitioner is in custody since 03.08.2022 and the charge-sheet was produced on 26.11.2022, so also, charges were framed on 17.12.2022 and afterwards prosecution has not examined the witnesses, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mukesh Kumar S/o Shri Sohan Lal in connection with FIR No.234/2022 registered at Police Station Ranoli, District Sikar shall be enlarged on bail 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.

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(PRAVEER BHATNAGAR),J

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39-Mohit

Mukesh Kumar S/O Shri Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh Kumar S/O Shri Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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