Rajasthan High Court - Jodhpur
Haribhajram @ Harbhajram @ ... vs State Of Rajasthan on 25 February, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1995/2021
Haribhajram @ Harbhajram @ Harbhajanram @ Haribhajanram
S/o Lt. Sh. Kanaram, Aged About 48 Years, R/o Savariz Police
Thana Phalodi Dist. Jodhpur Rural, Presently R/o 49-B, Ratanada
C Road, Police Thana Ratanada, Jodhpur (Raj.). (Presently
Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kanwar Lal Bishnoi
For Respondent(s) : Mr. Shrawan Bishnoi, PP
Mr. DLR Vyas for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.230/2018 of Police Station Mandore, District Jodhpur
City (East) for the offence(s) punishable under Section(s)
498-A and 306 IPC. He/she/they has/have preferred
this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegation of instigating the deceased to commit suicide,
levelled against the petitioner, is absolutely false. It is
further submitted that as a matter of fact, dispute
between the petitioner and the deceased is going on
(2 of 3) [CRLMB-1995/2021]
since 2012 and several cases are pending between them.
It is also argued that, the deceased in her suicide note
has not alleged anything against the petitioner and
mentioned that since her life is not going smoothly, she is
committing suicide, however, in the dying declaration, the
deceased has levelled allegatiion against the petitioner
probably under pressure of her parents. Learned counsel
has submitted that allegation levelled against the
petitioner regarding instigating the deceased to commit
suicide is not supported by any corroborative evidence.
It is submitted that the petitioner is in judicial custody
and trial of the case is likely to take time.
Learned Public Prosecutor as well as learned counsel
for the complainant have vehemently opposed the bail
application. Learned counsel for the complainant has
argued that the deceased, in her dying declaration, has
levelled specific allegation of harassment against the
petitioner and it is a clear-cut case, where she committed
suicide on account of instigation by the petitioner.
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 petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Haribhajram @ Harbhajram @
Harbhajanram @ Haribhajanram S/o Lt. Sh. Kanaram
shall be released on bail in connection with FIR
(3 of 3) [CRLMB-1995/2021]
No.230/2018 of Police Station Mandore, District Jodhpur
City (East) provided he/she/they execute(s) a personal
bond in the 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/her/their 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
22 - ms rathore
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