Vikram Singh S/o Rameshwar Prasad, Aged About 25 Years, R/o Bhagora, Police Station Sikandara, District Dausa (Raj.) (At Present In District Jail, Dausa).

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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. Mr.	Ravindra Singh Shekhawat Sudhir Kumar Jain
For Respondent(s)	: Mr.	Suresh Kumar, PP
For Complainant(s)	: Mr.	R.R. Goyal

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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20/05/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.477/2023 registered at Police Station Sikandara, District Dausa (Raj for the offences punishable under Sections 143, 323, 341, 498A, 406 & 302 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 323, 341, 498A, 406 & 304B of IPC.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that marriage of the petitioner and deceased was solemnized in the year 2003 and she started living in her matrimonial home in the year 2014. It is submitted that deceased was short-tempered in nature and same is evident from the charge-sheet as on an earlier occasion, she

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tried to commit suicide which is apparent from the statement of independent witness namely- Dharam Singh. It is submitted that no case is made out against the petitioner for the offence punishable under Section 304B of IPC as death of his wife did not occur within seven years of marriage, in fact, deceased was pregnant in the year 2016 and same is evident from the record provided by Health and Wellness Centre, District Dausa. It is submitted that petitioner was not present at the time when alleged incident took place and same is evident from the chargesheet. According to the post-mortem report, cause of death is poisoning and no sign of assault was found on the person of the deceased. It is submitted that son of the deceased is currently residing with father of the petitioner who has been granted benefit of bail by this Court vide order dated 11.01.2024. Petitioner is in custody since 22.09.2023. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned State Counsel as well as counsel for the complainant vehemently opposes the bail application. 4. Learned counsel for the complainant submits that chargesheet has been filed against the petitioner for the offence punishable under Section 304B of IPC. It is further submitted that deceased was maltreated in her matrimonial home and same is evident from the statement of real sister of the deceased who is married to real brother of the petitioner. It is pertinent to note that same statement has been given by son of the deceased who is aged about seven years.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and especially the fact that omnibus allegations have been levelled against all the family members including uncle in-law, aunt in-law and brother in-law while their involvement has not been found in the incident and so also considering the fact that no sign of assault was found on the person of the deceased; charge-sheet has been filed as well as looking to the custody period but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner Vikram Singh S/o Rameshwar Prasad shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /46

Vikram Singh S/O Rameshwar Prasad v. State of Rajasthan

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Vikram Singh S/O Rameshwar Prasad v. State of Rajasthan

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