Pokhar vs State Of Rajasthan
2021 Latest Caselaw 6411 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2667/2021

Pokhar S/o Shri Kalu Lal, Aged About 55 Years, Village Tulsidas Ji Ki Saray, P.s. Dabok, District Udaipur (Rajasthan). (Presently Lodged In Central Jail Udaipur).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Mr. Vikram Singh For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/03/2021

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.108/2021 of

Police Station Pratap Nagar District Udaipur for the offences

punishable under Sections 306 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation against the petitioner to the effect that he instigated the

deceased to commit suicide is absolutely false. It is argued that

petitioner landed money to the deceased and when he asked to

return the said money, the deceased committed suicide. It is

submitted that action of the petitioner of asking for return of

(2 of 2) [CRLMB-2667/2021]

money, cannot be said to be instigating the deceased to commit

suicide.

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 Pokhar S/o Shri

Kalu Lal shall be released on bail in connection with FIR

No.108/2021 of Police Station Pratap Nagar District Udaipur

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/16-

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