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Rajasthan High Court · body

2019 DIGILAW 1355 (RAJ)

Jitendra Kumar v. State of Rajasthan, Through PP

2019-05-03

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and also perused the material available on record. 2. The petitioner(s) has/have been arrested in FIR/CR No. 259/2018 of Police Station Bhinmal, Distt. Jalore for the offence(s) punishable under Section(s) 498-A and 304-B IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that daughter of the complainant committed suicide on 10.4.2018 by hanging herself. The complainant was informed and he also reached at the house of the petitioner and on his request, post-mortem of the dead body of his daughter was conducted wherein, the cause of death was found as hanging. It is further submitted that after the said incident, on 8.8.2018 i.e. after a delay of about four months, a complaint was filed by the complainant in the court of ACJM, Bhinmal and on whose instructions, an FIR was registered and after investigation, the police have filed charge-sheet against the petitioner for the offences punishable under Sections 498-A and 304-B IPC. Learned counsel for the petitioner has submitted that in the charge-sheet, the police have concluded that as the petitioner went to Balotra for earning his livelihood while leaving the deceased at his house in the village, she was purturbed and on account of that, she committed suicide. It is submitted that thought the allegation of dowry has been levelled by the parents of the deceased and other witnesses but no specific date and time have been mentioned regarding the said demand. It is submitted that from the charge-sheet, it is clear that at the time when the deceased committed suicide, the petitioner was not present at home and he was far away in Balotra. It is submitted that charge-sheet has been filed in the matter and trial of the case is likely to take time. 4. Learned Public Prosecutor has opposed the bail application(s). 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C. 6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Jitendra Kumar S/o Shri Amra Ram shall be released on bail in connection with FIR/CR No. 259/2018 of Police Station Bhinmal, Distt. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Jitendra Kumar S/o Shri Amra Ram shall be released on bail in connection with FIR/CR No. 259/2018 of Police Station Bhinmal, Distt. Jalore provided he/she/they execute(s) a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.