Neembsingh vs State
2021 Latest Caselaw 7959 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3485/2021

Neembsingh S/o Sh. Sujansingh, Aged About 38 Years, B/c Rajput, R/o Dudhoda, Tehsil Gadra Road, Dist. Barmer. (Petitioner Lodged In Central Jail, Barmer).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Dalpat Singh
For Respondent(s)        :     Mr. Laxman Solanki, P.P.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

22/03/2021

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.15/2018 of Police

Station Girab, District Barmer for the offences punishable under

Sections 498-A, 304-B, 143, 201, 176 IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that this

Court dismissed the second bail application of the petitioner as not

pressed while granting liberty to the petitioner to file a fresh bail

application before the trial court after recording the statements of

complainant- Rai Singh. Learned counsel for the petitioner has

submitted that before recording the statements of complainant-

Rai Singh he expired and as many as four prosecution witnesses

have been examined before the trial court and all of them have

(2 of 2) [CRLMB-3485/2021]

levelled omnibus allegations against the petitioner. It is also

submitted that the police have also failed to collect concrete

evidence to conclude that the petitioner used to harass the

deceased for dowry and committed the offence of dowry death. It

is also submitted that trial against the petitioner will take time.

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 Neembsingh S/o

Sh. Sujansingh shall be released on bail in connection with FIR

No.15/2018 of Police Station Girab, District Barmer 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

47-akash/-

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