Jasu Ram @ Jassa Ram vs State Of Rajasthan
2021 Latest Caselaw 9789 Raj

6HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5792/2021

Jasu Ram @ Jassa Ram S/o Bhanwaru Ram, Aged About 25 Years, R/o Ren, Tehsil Merta, Dist. Nagaur Ps Merta Road, Dist. Nagaur (Raj.) (Presently Lodged At Sub Jail Merta City, Dist. Nagaur)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Kuldeep Purohit (through VC) For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G.

Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)

Judgment

11/06/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.41/2020, Police Station Merta Road, District Nagaur for

offences under Sections 498-A & 304-B of the IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the material available on record.

Counsel Shri Kuldeep Purohit representing the petitioner

urges that the entire prosecution case is false and fabricated. The

petitioner was married to Smt. Kiran about a year before the

incident and as per the social custom 'aata saata', the petitioner's

sister Smt. Raju Devi was married to Shri Deepa Ram, brother of

the deceased. Shri Purohit urges that Smt. Kiran was perturbed by

the fact that she was not allowed to go to her father's house as

frequently as her sister-in-law Smt. Raju Devi (petitioner's sister)

and being frustrated thereby, she ended her life by hanging

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herself in the matrimonial home on 02.5.2020. Shri Purohit further

urges that ex-facie, the allegations set out in the prosecution case

that the deceased was harrased and humiliated in the matrimonial

home on account of demand of dowry is patently false. The theory

put-forth in the FIR that Kiran was poisoned and then strangulated

is also incorrect because the opinion regarding the cause of death

expressed by the medical board in the postmortem report is

asphyxia due to hanging. Shri Purohit drew the Court's attention

to the statement of Banshi Ram (PW.3), brother of the deceased,

more particularly his cross-examination, in which the witness

admitted that Kiran was living happily in the matrimonial home.

He further submits that the prosecution allegations as against the

petitioner and the co-accused Bhanwaru Ram and Smt. Supyari @

Sipudi are absolutely identical and as these two co-accused have

been granted bail by this Court, the petitioner too deserves same

indulgence.

Per contra, learned Public Prosecutor vehemently and

fervently opposed the submissions advanced by the petitioner's

counsel. However, he too is not in a position to dispute the fact

that cross marriages were solemnized i.e., to say the petitioner

was married to Kiran whereas Shri Deeparam, brother of Kiran

was married to petitioner's sister Smt. Raju Devi. From the tenor

of the witnesses examined during the investigation and the sworn

testimony of Banshi Ram (PW.3), it is clear that the lady Smt. Raju

Devi, sister of the petitioner frequently went to the maternal home

and lived there for ong durations but Smt. Kiran was not given this

liberty and she was quite perturbed thereby. Banshi Ram, brother

of the deceased, upon being examined on oath as PW.3 made a

general allegation that matrimonial relatives of Kiran used to

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quarrel with her and used to harass her on account of demand of

dowry. However, in cross-examination, the witness admitted that

Kiran used to live happily in the matrimonial home. These two

situations as appearing in the evidence of the witness are totally

self-contradictory and cannot be reconciled. The prosecution set

up a case in the FIR that Kiran was poisoned and then was

strangulated. However, as per the postmortem report, the cause

of death has been opined to be ante-mortem hanging. The FSL

report has been placed on record by learned Public Prosecutor

which clearly reflects that the viscera samples gave negative tests

for presence of metallic poisons, tranquillizers and insecticides.

The co-accused Bhanwaru Ram and Supyari @ Sipudi have been

enlarged on bail by this Court.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioner Jasu Ram @ Jassa Ram S/o Shri Bhanwaru

Ram arrested in connection with the F.I.R. No.41/2020 registered

at Police Station Merta Road, District Nagaur 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.

(SANDEEP MEHTA), VJ 5-Sudhir Asopa/-

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