Jugraj @ Modaram v. State of Rajasthan through Public Prosecutor
2019-05-16
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT : VIJAY BISHNOI, J. 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record. 2. The petitioner has been arrested in FIR No. 28/2019 of Police Station Banad, District Jodhpur for the offences punishable under Sections 498-A, 306 and 302 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the allegation against the petitioner of harassing the deceased is false. It is submitted that the marriage of the petitioner was solemnized with the deceased around 14 years back from the date of incident and during that period no complaint whatsoever was ever filed against him. Learned counsel for the petitioner has submitted that the petitioner was residing separately with his wife and children, however, he oftenly used to visit his mothers house and due to which the deceased was not happy because she was not having cordial relation with her mother-in- law. Learned counsel for the petitioner has submitted that the prosecution witness viz. Ugma Devi, mother of the petitioner, has clearly stated that cause of dispute between the petitioner and his wife was the visit of the petitioner to her house. Learned counsel for the petitioner has also submitted that the deceased committed suicide along with two children on a very trivial matter. It is submitted that the chargesheet has already been filed and the trial of the case will take time. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 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 accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Jugraj @ Modaram S/o Somaram shall be released on bail in connection with FIR No. 28/2019 of Police Station Banad, District Jodhpur provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Jugraj @ Modaram S/o Somaram shall be released on bail in connection with FIR No. 28/2019 of Police Station Banad, District Jodhpur provided he executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.