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2012 DIGILAW 80 (RAJ)

Aashish Sharma v. State of Rajasthan through Public Prosecutor

2012-01-06

MOHAMMAD RAFIQ

body2012
JUDGMENT 1. - Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments. 2. Contention of learned counsel for petitioner is that petitioner is husband of deceased Alka, who took extreme step of committing suicide owing to certain dispute with the petitioner. The dispute was not of such a grave nature which would have justified taking extreme step of suicide. Allegations have been subsequently developed by father and brother of the deceased that the petitioner, his father and brother used to demand dowry. What was initially stated by Murari Lal, father of the deceased, is that demand of dowry was made for air-conditioner and repairing car, on the other hand it was also stated that a sum of Rs.2,00,000/- was given in dowry for purchase of car. In supplementary statement, however improvement was made by him stating that a swift d'zire car was demanded, whereas there was no independent evidence to that effect. The father, mother and brother of petitioner are also accused on similar allegation as would be evident from the statement of father Murari Lal, brother Atul Sharma, Balram Joshi and Shankar Lal. Challan has already been filed but even charges have not been framed so far. Petitioner is in jail from 13.04.2011. Trial may take a long. 3. Learned Public Prosecutor opposed the bail application. 4. After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-petitioner, namely, Aashish Sharma S/o Shri Satya Narain Sharma, Resident of Plot No.A-593, Govind Marg, Malviya Nagar, Jaipur (presently confined in Central Jail, Jaipur) be released on bail under Section 439 Criminal Procedure Code , in FIR No.204/2011, Police Station Malviya Nagar, Jaipur, under Section 304B Indian Penal Code, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. 5. The bail application stands disposed of. *******