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2023 DIGILAW 538 (RAJ)

Jagat Singh @ Jagatpal Singh S/o Sh. Kuldeep Singh v. State Of Rajasthan

2023-02-16

ASHOK KUMAR JAIN

body2023
ORDER : 1. The instant interim bail application under Section 439 Cr.P.C. has been field on behalf of the present petitioner on the ground of his sister Ku. Mamta Kanwar’s marriage, which is going to be solemnized on 17.02.2023 and the petitioner is the only competent person in the family to arrange the marriage function and other management relating to marriage. 2. Learned counsel for the petitioner submits that the marriage of the petitioner’s sister Ku. Mamta Kanwar is going to be solemnized on 17.02.2023, in support of this contention statement of Sarpanch, Gram Panchayat Meghna along with marriage card has been filed by the petitioner. He further submits that on last occasion, this Court directed learned Public Prosecutor to verify the fact of marriage of petitioner’s sister, the same has been verified and a report has been submitted by learned Public Prosecutor for perusal of the Court which supports the grounds on which the interim bail is sought. He further submits that the petitioner is ready and willing to obey all the conditions imposed by this Court for his release to attend his sister’s marriage. He further submits that the being elder brother of Ku. Mamta Kanwar, presence of the present petitioner is required to handle the entire management/ organization of marriage and to perform rituals, therefore, the application for interim bail filed on behalf of petitioner may be allowed and he may be released on interim bail for a period of thirty days. 3. Aforesaid contentions are opposed by the learned Public Prosecutor on the ground that several criminal cases have been registered and are pending against the petitioner and the present one is a case of very serious nature. Learned Public Prosecutor submitted a report received from SHO, Police Station Jawahar Nagar, District Sri Ganganagar wherein it is indicated that total number of 11 criminal cases are registered against the present petitioner and the list of same is enclosed with the report aforesaid. The report of police further indicates that present petitioner is having chequered history and a total number of eleven cases are registered against him including the multiple cases of murder. 4. Heard learned counsel for the petitioner and learned Public Prosecutor for the State. Perused the material available on record. 5. The report of police further indicates that present petitioner is having chequered history and a total number of eleven cases are registered against him including the multiple cases of murder. 4. Heard learned counsel for the petitioner and learned Public Prosecutor for the State. Perused the material available on record. 5. The petitioner has submitted an invitation card of marriage of her sister which indicates names of 50 to 70 persons are there to welcome the ‘Barat’ of his sister. Moreover, this Card further indicates that not only blood relatives but also relatives from other side including maternal and paternal members are there to welcome and perform the rituals of marriage and also to manage the entire function. It is also clear from the fact that the invitation card was issued on behalf of grandmother and parents of the bride are also there to perform rituals like ‘Kanyadan’. This Card further indicates that name of two brothers namely Jagatpal Singh and Sohan Singh which indicates that one more brother is there besides present petitioner to perform the rituals of marriage, look after the arrangements etc. The rituals of marriage includes ‘Chakbhat’ from maternal side, ‘Barat-swagat’ by members of family and friends and ‘Pani-grahan’ by parents will be done thus, there is no scope as regards to present petitioner is concerned. 6. Considering the entire facts and circumstances of the case, this Court is of the opinion that this is not a fit case for grant of interim bail to the petitioner. 7. For the reasons stated herein above, the application for interim bail filed on behalf of petitioner is rejected. 8. Dismissed accordingly.