Prabhu Dayal @ Prabhu Ram v. State of Rajasthan, Through PP
2019-01-29
P.K. LOHRA
body2019
DigiLaw.ai
JUDGMENT 1. Accused-petitioner has laid this second bail application under Section 439 Cr.P.C. arising out of FIR No. 64/2017, registered at Police Station Ramsighpur, District Sri Ganganagar. At present, petitioner is facing trial for offence punishable under Sections 498-A and 306 IPC in Sessions Case No. 47/2017 pending before Special Judge, Women Atrocities Cases, Sri Ganganagar. 2. First bail application on behalf of the petitioner was dismissed on 24th of August, 2017. 3. Pressing this second application for grant of bail, it is argued by learned counsel Mr. Thind that after rejection of first bail application, there is substantial change in the circumstances. It is submitted by learned counsel that alleged eye witness and cousin brother of deceased Ms. Vimla, has turned hostile during trial. While referring to the statement of P.W.3 Aatmaram, learned counsel submits that as per version of the witness, it was an accidental death due to drowning and, therefore, prima facie it is difficult to comprehend offence under Section 306 IPC i.e. abatement of suicide. It is also argued by learned counsel that though there are allegations about demand of dowry, but a cumulative reading of the evidence of parents of the deceased, it is rather difficult to presume that accused petitioner created such a situation wherein deceased was left with no other option but to end her life after fifteen years of matrimony so as to constitute prima facie offence under Section 306 IPC. With these submissions, learned counsel has urged that second bail application merits favourable consideration. 4. Per contra, learned Public Prosecutor has opposed the second bail application in general. 5. I have bestowed my consideration to the arguments advanced at Bar and also taken into consideration the material change in the circumstances. 6. Having regard to the facts and circumstances of the case, without expressing any opinion on merits, I feel persuaded to accept this second bail application. 7. Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Prabhu Dayal @ Prabhu Ram S/o Shri Kheta Ram, arrested in connection with F.I.R. No. 64/2017 of Police Station Ramsinghpur, District Sri Ganganagar, may be released on bail; provided he furnishes a personal bond of Rs.
7. Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Prabhu Dayal @ Prabhu Ram S/o Shri Kheta Ram, arrested in connection with F.I.R. No. 64/2017 of Police Station Ramsinghpur, District Sri Ganganagar, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of 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.