Daya Ram vs State
2021 Latest Caselaw 7066 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15010/2020

1. Daya Ram S/o Shankra Ram, Aged About 26 Years, By Caste Meghwal, R/o Bhatki, Police Station Sarwana, Tehsil Chitalwana, District Jalore. (Presently Lodged In District Jail Jalore).

2. Shankra Ram S/o Shri Kunwra Ram, Aged About 48 Years, By Caste Meghwal, R/o Bhatki, Police Station Sarwana, Tehsil Chitalwana, District Jalore. (Presently Lodged In District Jail Jalore).

----Petitioners Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. C.S. Rathore For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioners have been arrested in FIR

No.145/2020 of Police Station Sarwana, District Jalore for

the offences punishable under Sections 498-A and 304-B

IPC. They have preferred this bail application under

Section 439 Cr.P.C.

At the outset, learned counsel for the petitioners

does not want to press the bail application preferred on

behalf of petitioner No.1 - Daya Ram S/o Shankra

Ram at this stage.

(2 of 3) [CRLMB-15010/2020]

Hence, the bail application preferred on behalf of

petitioner No.1 - Daya Ram S/o Shankra Ram is

dismissed as not pressed at this stage.

So far as petitioner No.2 - Shankra Ram S/o

Shri Kunwra Ram is concerned, learned counsel for the

petitioner has submitted that he is the father-in-law of

the deceased and has falsely been implicated in this case.

It is argued that omnibus allegations have been levelled

against petitioner No.2 - Shankra Ram regarding demand

of dowry. It is also submitted that the deceased used to

quarrel with her husband - Daya Ram as he used to

harass her for demand of dowry. It is submitted that

petitioner No.2 - Shankra Ram is in custody since long

and trial of the case is likely to take time. It is, thus, prayed that petitioner No.2 - Shankra Ram may be

enlarged on bail.

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 petitioner No.2 - Shankra Ram

S/o Shri Kunwra Ram under Section 439 Cr.P.C.

Accordingly, the bail application under Section 439

Cr.P.C. preferred on behalf of petitioner No.2 - Shankra

Ram S/o Shri Kunwra Ram is allowed and it is directed

that he shall be released on bail in connection with FIR

No.145/2020 of Police Station Sarwana, District Jalore

provided he executes a personal bond in the sum of

(3 of 3) [CRLMB-15010/2020]

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

4-msrathore/-

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