Allowed

Arjun v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLMB/96/2024

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner in a case involving allegations under Sections 498-A and 304-B IPC. The Court found no reason to deny bail, noting the long-standing relationship and the likelihood of a lengthy trial, subject to furnishing bonds and sureties.

What did the court decide?

Bail granted subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

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

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[2024:RJ-JD:7949]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 96/2024

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Arjun S/o Rajesh Kumar @ Raju, Aged About 30 Years, R/o Borana, Police Station Raipur, District Bhilwara. (At Present Lodged In District Jail Bhilwara)

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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. Rajendra Charan
For Respondent(s)	: Mr. Mukhtiyar Khan,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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15/02/2024

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused- petitioner. The requisite details of the

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matter are tabulated herein below:

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S.No.	Particular	s of the Case
1.	FIR Number	254/2023
2.	Concerned Police Station	Raipur
3.	District	Bhilwara
4.	Offences alleged in the FIR	Under Sections 498-A & 304 B IPC
5.	Offences added,if any
6.	Date of passing of impugned order	21.12.2023

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It is contended on behalf of the accused-petitioner that no

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case for the alleged offences is made out against him and his

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incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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Heard learned counsel for the parties. Perused the challan paper. What is emanating from the record that the victim and the petitioner belongs to the same caste and religion and, therefore, their betrothal took place nine years ago, whereafter two years had elapsed but since wedding ceremony was not solemnized, therefore, the deceased and the petitioner eloped against wish of their parents. As a matter of fact, the deceased ended her life after six years and nine months of her marriage. Whether or not, the case of the prosecution would fall within the ambit of Section 304 B IPC would be a fact to be ascertained by the learned trial court after making critical appreciation of the evidence brought before it, however, as on date, I see no reason to allow his further incarceration.

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I have considered the submissions made by both the parties and have perused the material available on record. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed

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suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties ofRs.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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(FARJAND ALI),J

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55-Taruna/-

Arjun v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Arjun v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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