Jitender Kumar v. State of Rajasthan through P. P.
2007-10-01
RAGHUVENDRA S.RATHORE
body2007
DigiLaw.ai
JUDGMENT 1. - Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State and also perused the material on record. 2. The learned counsel for the petitioner submits that in this case the marriage had taken place about 10 to 11 years ago. He also further submitted that out of the said wedlock 3 children were born. According to him, prosecution was initially lodged for the offence under Section 302 IPC. Now, the challan has come to be filed on 21st of July 2007, for the offence inter alia under Section 306 IPC. He has also submitted that there is no evidence to the effect that the petitioner had in any manner abated/instigated the deceased to commit suicide. 3. The learned Public Prosecutor has opposed the bail application. 4. I have considered the aforesaid submissions made by the rival parties and perused the material on record place alongwith the challan. Apart from the statement of prosecution witnesses namely Smt. Badri Lai, Lokesh, Om Prakash etc., there is statement of Kum. Tanu daughter of the deceased. From the entire evidence of (sic on) the record, and as per the prosecution case, the only reason for suicide appears to be that the deceased was not allowed to go to her matrimonial home when her brother came to take her. 5. Without expressing any opinion on the merits of the case, taking into consideration the evidence on record, and the nature of offence alleged, I deem it just and proper to enlarge the accused petitioner on bail under Section 439 Cr.P.C. 6. It is ordered that the accused petitioner Jitender Kumar S/o Kailash Chand in F.I.R. No. 117/2007, Police Station, Chhipabarod, shall be released; provided he furnishes a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.Application allowed. *******