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Rajasthan High Court · body

2019 DIGILAW 928 (RAJ)

Bharat Singh v. State of Rajasthan, Through PP

2019-03-27

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record. 2. The petitioner has been arrested in connection with FIR No. 449/2018 of Police Station Nokha, District Bikaner for the offences punishable under Sections 498-A, 302 and 304-B I.P.C. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegations of demand of dowry and harassment against the petitioner are false. It is submitted that marriage of the petitioner was solemnized with deceased around 7 months before the date of incident and during the said period, no demand of dowry was ever made by the petitioner. Learned counsel for the petitioner has further submitted that wife of the petitioner committed suicide for un-known reasons and same is evident from the post mortem report wherein the cause of death is shown as asphyxia by drowning. Learned counsel for the petitioner has submitted that other co-accused persons namely Dilip Singh father of the petitioner has already been enlarged on bail whereas Smt. Saroj Kanwar, mother of the petitioner has been granted benefit of anticipatory bail. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody and 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. Learned counsel for the complainant has submitted that from the statements of witnesses recorded during the course of investigation particularly the statements of parents and brother of the deceased, it is clear that soon before death of deceased, there was a demand of dowry on the part of the petitioner and other co accused persons. It is further argued that in the post mortem report, it is clearly mentioned that there are in all six ante mortem injuries on the body of the deceased, therefore, it cannot be said that the deceased committed suicide. It is evident that soon before her death, she was subjected to cruelty by the petitioner and other co-accused persons. 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. 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bharat Singh S/o Daleep Singh shall be released on bail in connection with FIR No. 449/2018 of Police Station Nokha, District Bikaner 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.