Citation : 2021 Latest Caselaw 11437 Raj
Judgement Date : 23 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9165/2021
Kalu Ram @ Sushilnath S/o Budhramnath, Aged 32 Years, R/o Chak 1 BSM, Tehsil Anupgarh, District Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner Versus State of Raj., Through PP
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Mukhtiar Khan, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
23/07/2021
This bail application has been filed under Section 439 Cr.P.C.
in connection with FIR No.197/2020 registered at Police Station
Anupgarh, Distt. Sri Ganganagar, for offence under Section(s)
498-A, 306 of IPC.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the entire material available on
record.
Learned counsel for the petitioner submits that charge-sheet
has already been filed. Learned counsel submits that it is a case of
suicide committed by his wife after 13 years of marriage and has
taken this court to the statement of the sister of the deceased and
also the post-mortem report to submit that there were no injuries
on the deceased which have been caused due to drowning.
(2 of 2) [CRLMB-9165/2021]
Learned Public Prosecutor opposes the bail application and
submits that there have been earlier conciliation in Panchayat and
the fact of deceased having been harassed by the petitioner, is
well proved from the statement of the independent witness.
I have considered the submissions and taking into
consideration that there is no immediate act of the petitioner
before the death of the deceased and that the charge-sheet has
already been filed and trial is likely to take time but without
commenting further on merits of the case, I am inclined to grant
bail to the petitioner.
Therefore, this bail application is allowed and it is ordered
that the accused petitioner Kalu Ram @ Sushilnath S/o
Budhramnath, be released on bail under Section 439 Cr.P.C. in
connection with aforesaid FIR provided the petitioner furnishes a
personal bond of Rs.50,000/- with one surety in the like amount
to the satisfaction of the concerned Magistrate with the stipulation
that he shall comply with all the conditions laid down under
Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J 33-amit/-
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