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2021 DIGILAW 1461 (RAJ)

Jitendra Kumar Nimiwal v. State of Rajasthan

2021-08-11

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - The instant bail application under Section 439 CrPC has been preferred by the petitioner Jitendra Kumar Nimiwal S/o Shiv Kumar Nimiwal, who is in custody in connection with the F.I.R. No.188/2021 registered at the Police Station Naya Shahar, District Bikaner for the offences under Sections 498-A, 304-B and 302 IPC. 2. Heard learned counsel for the parties and perused the material available on record. 3. Learned counsel Mr. Muktesh Maheshwari, representing the petitioner, submits that there is no material on the record of the case so as to give rise to any inference that the petitioner demanded dowry from his wife the deceased Smt. Rashmi or that she was harassed and humiliated in the matrimonial home on any account whatsoever. He submitted that as a matter of fact, the spouses developed serious temperamental differences and being perturbed thereby, Smt. Rashmi ended her life by hanging herself. He further submits that the petitioner himself is a Seargent in the Indian Air Force and there is no likelihood of his absconding in the event of being released on bail. He, thus, urges that the petitioner deserves indulgence of bail in this case. 4. Per contra, learned Public Prosecutor and Mr. Vineet Dave, learned counsel representing the complainant, vehemently and fervently opposed the submissions advanced by the petitioner's counsel. They urged that the petitioner was present in the house when Smt. Rashmi ended her life. The marriage of the petitioner and Smt. Rashmi was solemnized just 4 years ago. Two children had been born from the wedlock and thus, there was no rhyme or reason as to why the lady would end her life leaving her children to face destitution. Mr. Vineet Dave has placed on record a will executed by Smt. Rashmi in the year 2019, wherein, she has bequeathed all her valuables/property to her parents. They, thus, urged that the petitioner does not deserve indulgence of bail. 5. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record. 6. The marriage of the petitioner, who is a Seargent in the Indian Air Force was solemnized with the deceased in the year 2017. Smt. Rashmi herself was a Government servant. 5. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record. 6. The marriage of the petitioner, who is a Seargent in the Indian Air Force was solemnized with the deceased in the year 2017. Smt. Rashmi herself was a Government servant. She ended her life by hanging herself in the matrimonial home on 26.04.2021, whereafter, the FIR came to be registered and a charge-sheet has been filed against the petitioner for the offences under Sections 498-A, 304-B and 302 IPC. As per the postmortem report of Smt. Rashmi, the cause of death has been opined to be antemortem hanging. No marks of violence whatsoever were noticed on the dead body. The FIR, which came to be lodged by the father of the deceased, sets out an allegation that the petitioner used to harass and humiliate Smt. Rashmi in relation to demand of a car. However, it is an admitted position that a car had already been purchased by the spouses and the instalments thereof were being paid from the bank account of Smt. Rashmi. In this background, this allegation prima facie does not hold water. Apart from the allegation of harassment of the deceased for demand of a car, there is nothing on record to show that the deceased was being maltreated in the matrimonial home. Mr. Vineet Dave has placed on record a will executed by Smt. Rashmi on 09.01.2019, wherein she has bequeathed all her property to her parents. Manifestly, the tenor of this will indicates that the relationship of the spouses was not cordial. Be that as it may. Investigation has been completed, charge-sheet has been filed against the petitioner for the offences punishable under Sections 498-A, 304-B and 302 IPC. There is nothing on record to satisfy the court that the death of Smt. Rashmi was homicidal in nature. 7. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner. 8. Accordingly, the instant bail application under Section 439 CrPc is allowed. There is nothing on record to satisfy the court that the death of Smt. Rashmi was homicidal in nature. 7. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioner. 8. Accordingly, the instant bail application under Section 439 CrPc is allowed. It is ordered that the accused-petitioner Jitendra Kumar Nimiwal S/o Shiv Kumar Nimiwal arrested in connection with F.I.R. No.188/2021 registered at the Police Station Naya Shahar, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the 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.