Allowed

Piyush v. State of Rajasthan

Rajasthan HC13 Mar 2024CRLMB/3094/2024

Case brief

AI extract

What is this about?

Third bail application under Section 439 CrPC for a petitioner charged under Sections 498A and 304B IPC. All four examined prosecution witnesses had turned hostile and the petitioner was long in custody; bail granted on a personal bond with two sureties.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to appearance before trial court.

Piyush Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2024)

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[2024:RJ-JD:11989]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 3^rd Bail Application No. 3094/2024

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Piyush S/o Manilal, Aged About 45 Years, R/o Parsola, Ps Dhariyavaad, Pratapgarh (Lodged In Dist Jail Pratapgarh)

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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)	: None Present
For Respondent(s)	: Mr. Mukesh Trivedi,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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13/03/2024

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The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No.86/2022 registered at Police Station Parsola, District Pratapgarh registered for the offences punishable under Sections 498(A) and 304(B) of the IPC.

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The first and second bail applications were dismissed by this Court vide orders dated 28.07.2022 and 09.05.2023 respectively.

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Upon perusal of the material available on the record it appears that witnesses PW.1 – Ganesh Lal (father of deceased), PW.2 – Brij Lal (uncle of deceased), PW.3 – Smt. Sangeeta @ Navina (mother of deceased) and PW.4 – Jinni (sister of deceased) have been examined before the trial Court and they have been declared hostile. The petitioner is in the judicial custody since 24.05.2022.

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Learned Public Prosecutor has opposed the prayer for bail.

[2024:RJ-JD:11989]

[CRLMB-3094/2024]

(2 of 2)

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 petitioners under Section 439 Cr.P.C.

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Accordingly, the third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner – Piyush S/o Manilal shall be released on bail in connection with F.I.R. No.86/2022 registered at Police Station Parsola, District Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.

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(MANOJ KUMAR GARG),J

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227-Rashi/-

Piyush v. State of Rajasthan

Case brief

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Piyush v. State of Rajasthan

Case brief

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