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2010 DIGILAW 1167 (RAJ)

Jodhraj v. State of Rajasthan

2010-07-06

MOHAMMAD RAFIQ

body2010
JUDGMENT 1. - Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. 2. Learned counsel for the petitioner has argued that there was of course strained relationship between the petitioner husband and deceased wife because the deceased has gone to medical treatment of terminating her pregnancy of three months without his permission and she was never subjected to cruelty or physical torture, nor was any demand of dowry made. This fact is corroborated from the statement of number of neighbours who are independent witnesses. Reference was made to the statement of Mukut Bihari, Ram Ratan, Ram Dev and Banwari Lal. Learned counsel submitted that all those witnesses, who have stated about the demand of dowry and cruelty, are closely related to the deceased i.e. her father, mother and brother and this is an afterthought. It is evident from the fact that FIR in the present case was registered on 22.10.2009, whereas deceased had died admittedly due to the fact that she consumed poison on 29.9.2009. Petitioner's bona fides are evident from the fact that he immediately informed the family of the deceased that took the deceased to the hospital where the parents of the deceased also reached. The cremation of the deceased took place at her in-law's place i.e. at petitioner's native place in the presence of her parents. It was duly attended by the family members of the deceased. Even otherwise, the petitioner was arrested on 16.2.2010. Challan has already been filed. The trial of the case is likely to take long. 3. Learned PP opposed the bail application and referred to the statement of the mother, father and other relatives of the deceased. 4. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. 5. In the result, this bail application u/S. 439 Cr.P.C. is allowed and it is directed that petitioner Jodhraj S/o Nand Kishore shall be released on bail in FIR No. 575/2009, P.S. Sadar, District Bundi for offence u/Ss. 143, 304-B IPC on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 143, 304-B IPC on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.Bail Application Allowed. *******