Citation : 2021 Latest Caselaw 7948 Raj
Judgement Date : 22 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3841/2021
Sanjay Giri @ Jugnu S/o Rajendra Giri Goswami, Aged About 26 Years, R/o Ward No. 14, Purani Abadi Sri Ganganagar, Dist. Sri Ganganagar (At Present Lodged In Sub Jail, Bhadra).
----Petitioner Versus State Of Rajasthan.
----Respondent
For Petitioner(s) : Mr. R.S. Gill
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
22/03/2021
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.329/2020, registered at Police Station
Bhadra, District Hanumangarh for the offences under Sections
304B, 498A and 306 of the IPC.
The petitioner has been charge-sheeted in connection with
the above FIR. A perusal of the conclusions drawn by the I.O. in
the charge-sheet, manifests that after her marriage to the present
petitioner, the deceased Mamta developed affinity and indulged in
an extramarital affair with the co-accused Sunil @ Sonu. The
relations between the two were very thick which fact was duly
established by the call details collected by the I.O. during
investigation. The petitioner, being the husband of the deceased,
(2 of 2) [CRLMB-3841/2021]
came to know of this illicit affair on which, he implored the
deceased for carrying on such extramarital affair. Being perturbed
thereby, Smt. Mamta consumed poisonous substance and ended
her life. The I.O. has filed charge-sheet against the petitioner
herein for the offences under Sections 498A and 304B IPC and as
against the paramour namely Sunil @ Sonu for the offence under
Section 306 IPC.
Having regard to the overall facts and circumstances as
available on record, but without expressing any opinion on the
merits of the case, this Court is of the opinion that the petitioner
deserves to be enlarged on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Sanjay Giri @ Jugnu
arrested in connection with the F.I.R. No.329/2020, registered at
Police Station Bhadra, District Hanumangarh 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),J
81-/Tikam/-
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