Hakam Khan vs State
2021 Latest Caselaw 2647 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1404/2021

Hakam Khan S/o Najare Khan Musalman, Aged About 38 Years, R/o Randha, Police Station Jhinjhiniyali, Dist. Jaisalmer. (At Present Lodged In District Jail, Jaisalmer).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. SS Rathore
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

01/02/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.12/2020 of Police

Station Jhinjhiniyali District Jaisalmer for the offences punishable

under Sections 498-A, 306 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

marriage of the petitioner was solemnized with the deceased

around fourteen years back and out of their wedlock, two female

children were also born. It is submitted that the allegation against

the petitioner of instigating the deceased to commit suicide is

false. It is further submitted that on account of her mental illness,

(2 of 2) [CRLMB-1404/2021]

deceased committed suicide. It is submitted that charge-sheet has

been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application.

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.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Hakam Khan S/o

Najare Khan Musalman, shall be released on bail in connection

with FIR No.12/2020 of Police Station Jhinjhiniyali District

Jaisalmer 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.

(VIJAY BISHNOI),J

Surabhii/65-

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