Rajasthan High Court - Jodhpur
Vikas vs State Of Rajasthan on 17 February, 2023
Bench: Kuldeep Mathur
[2023/RJJD/005598]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 394/2023
Vikas S/o Shishupal, Aged About 30 Years, R/o Behind Marwar
Motor Tilak Nagar Ps Jai Narayan Vyas Colony Biakner (Presently
Lodged In Dist. Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manish Shishodia, Sr. Advocate
assisted by Mr. Naman Mohonot
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/02/2023
The instant bail application has been filed by the petitioner
under Section 439 Cr. P.C. seeking bail in connection with the FIR
No.153/2022 registered at Police Station Mahila Thana, District
Bikaner, for the offences punishable under Sections 498A, 304B in
alternate 302 of IPC.
Learned counsel for the petitioner submitted that the
marriage of the petitioner was solemnized with the deceased on
23.11.2018. Learned counsel further submitted that the deceased
was not subjected to cruelty or harassment by the petitioner soon
before her death in connection with demand of dowry. Learned
counsel further submitted that the statements of neighbors of the
petitioner recorded under Section 161 Cr.P.C. would fortify the fact
that they never heard any scuffle, altercation/ sprawl-brawl
between the petitioner and the deceased. Learned counsel
[2023/RJJD/005598] (2 of 3) [CRLMB-394/2023]
submitted that the petitioner has been falsely implicated in the
present case. Though, he never made demand of dowry from the
family of the deceased. Learned counsel further submitted that
from the charge-sheet filed by the Investigating Agency, it is
apparent that during the close proximity of time of death, the
petitioner had not made the life of deceased miserable.
Learned counsel for the petitioner submitted that the
deceased had failed repeatedly in the competitive examinations
attempted by her for the post of teacher and she remained
depressed because of the same. He further submitted that challan
has already been filed. The accused-petitioner is behind the bars
and the trial of the case will take sufficiently long time to
conclude, therefore, the benefit of bail should be granted to the
accused-petitioner. Reliance was placed on the judgment rendered
by Hon'ble the Supreme Court in the case of Upendra Pradhan
Vs. State of Orissa reported in (2015) 11 SCC 124.
Learned Public Prosecutor has vehemently 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, the bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner-Vikas S/o
Shishupal shall be released on bail in connection with FIR No.
153/2022 registered at Police Station Mahila Thana, District
Bikaner provided he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-
[2023/RJJD/005598] (3 of 3) [CRLMB-394/2023]
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.
(KULDEEP MATHUR),J
-KshamaD/-
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