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2006 DIGILAW 1388 (RAJ)

Urmila v. State of Rajasthan

2006-04-27

JITENDRA RAY GOYAL

body2006
JUDGMENT 1. - This bail application under Section 439 Cr.P.C. has been filed by petitioners Urmila and Gayatri in FIR No. 3/2006 registered at Police Station Virat Nagar, District Jaipur for the offence under Sections 498-A & 304-B IPC. 2. Heard learned counsel for petitioners, learned Public Prosecutor for State and perused the case diary and other relevant documents placed before me during the course of arguments. 3. Learned counsel for petitioners contended that soon after the incident the family members of the petitioners informed the police and lodged the FIR. It is also submitted that Raajbala who is daughter in law of petitioner Gayatri Devi was taken to the hospital where she died. It is also submitted that father, mother and other relatives of Raajbala were immediately informed and they were also present in the hospital and thereafter in the cremation also and after 7-8 days from the incident just to harass the petitioners this false FIR has been lodged. It is also submitted that police also did not find any truth in the allegation of demand of dowry or the ill treatment to Raajbala and only charge-sheet under Section 306 IPC was filed. It is also submitted that according to the prosecution case there was only some utterance between the deceased Raajbala and accused petitioners in some day today domestic affairs which cannot be termed that Raajbala was instigated to commit suicide. Reliance has been placed on the judgments Sushil Kumar Sharma v. Union of India and others, reported in (2005) 6 SCC 281 and Sanju alias Sanjay Singh Sengar v. State of M.P., reported in (2002) 5 SCC 371 . 4. Learned Public Prosecutor opposed the bail application. 5. Without making any observations on the merits, having considered the rival submissions made at the bar, nature of accusation, material on record and all other facts and circumstances, I deem it proper to grant bail to the present petitioners Urmila and Gayatri under Section 439 Cr.P.C. 6. In the result, the bail application is allowed and it is directed that petitioners Urmila w/o Narendra and Gayatri w/o Ram Gopal in FIR No. 3/2006 registered at Police Station Virat Nagar, District Jaipur shall be released on bail on their furnishing a personal bond in the sum of Rs. 10,000/- (rupees ten thousand) each together with two sureties each in the sum of Rs. 10,000/- (rupees ten thousand) each together with two sureties each in the sum of Rs. 5,000/-(rupees five thousand) to the satisfaction of the concerned court for their appearance before that court on all dates of hearing until conclusion of the trial.Application allowed. *******