Vijay @ Vijayprakash vs State
2022 Latest Caselaw 5622 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IIIrd Bail Application No. 1474/2022

Vijay @ Vijayprakash S/o Jagdish Ram, Aged About 25 Years, R/o Nehrupura, Hariyada, P.s. Bilara, District Jodhpur (Raj.) (In Judicial Custody At Sub Jail, Bilara, District Jodhpur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

18/04/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner has been arrested in FIR No.115/2018 of

Police Station Bilara, District Jodhpur for the offence(s) punishable

under Section(s) 498A, 304B and 302 IPC. He has preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of the earlier bail application of the petitioner, statements

of the father of the deceased namely Amarchand (PW/12) have

been recorded, it is submitted that in the said statements, the

father of the deceased has nowhere alleged that soon before the

death of the deceased there was any demand of the dowry on the

part of the petitioner. Learned counsel for the petitioner has invite

the attention of the Court towards the statements of the Doctor

Kailash Chander (PW/13) in his statements he has stated that the

petitioner and his family members brought the deceased to him

(2 of 2) [CRLMB-1474/2022]

and at that time the deceased was complaining about the stomach

pain and nothing else.

Learned counsel for the petitioner has argued that if the

petitioner had committed the murder of the deceased, in no

probability he would have taken her to the Doctor. Learned

counsel for the petitioner has also submitted that the petitioner is

in custody from more than three and a half years and the trial of

the case 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 petitioner

under Section 439 Cr.P.C.

Accordingly, this bail application(s) filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner- Vijay @

Vijayprakash S/o Jagdish Ram shall be released on bail in

connection with FIR No.115/2018 of Police Station Bilara, District

Jodhpur provided he execute a personal bond in the 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 153-mohit/-

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