Hitesh Singh vs State Of Rajasthan
2023 Latest Caselaw 661 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6942/2022

Hitesh Singh S/o Shri Pukhraj, Aged About 36 Years, B/c Mali R/o Rajdadi Sa Ka Nohra Umaid Chowk Ps Sadar Kotwali Jodhpur (Presently Lodged At Central Jail, Jodhpur)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Dhirendra Singh Sodha, Sr. Advocate assisted by Mr. Jagdish Singh For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

Mr. Neel Kamal Bohra, for the complainant

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

17/01/2023

The application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

FIR No.08/2022, registered at Police Station Sadar Kotwali,

Jodhpur for offences punishable under Sections 498A & 304B IPC.

Heard learned counsel for the petitioner so also the learned

Public Prosecutor and learned counsel for the complainant and

perused the material available on record.

Learned counsel for the petitioner drew attention of the

Court towards FIR No.08/2022 dated 11.02.2022 lodged at P.S.

Sadar Kotwali, Jodhpur and suicide note written by the deceased.

Learned counsel vehemently submitted that there is no prima

facie evidence regarding abetment to commit suicide. Learned

(2 of 3) [CRLMB-6942/2022]

counsel further submitted that Investigating Officer after making

thorough investigation did not file challan against Laxmi Devi,

Rajesh Kachhawaha, Tapsya and Gyatri etc. against whom specific

allegations of harassment were levelled in the FIR. It was

vehemently submitted that the petitioner never caused any

harassment to the deceased or demanded dowry. Thus, the

allegations levelled against him are false and concocted.

Learned counsel for the petitioner further submitted that

challan has already been filed. The trial initiated against petitioner

is likely to take time, therefore, petitioner may be enlarged on

bail.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the bail application.

Learned counsel jointly submitted that the deceased has met an

unnatural death within seven years of marriage, therefore, looking

to the seriousness of the offence and allegations the petitioner

does not deserve to be released on bail. Learned counsel placed

reliance on judgment rendered by Hon'ble the Supreme Court in

the case of Sonu Vs. Sonu Yadav & Anr. reported in 2021 SAR

(Cri) 453 and judgment rendered by Hon'ble Madhya Pradesh

High Court in the case of Amarnath Gupta Vs. State of Madhya

Pradesh & Ors. reported in 1991 CriLJ 2163.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Hitesh Singh S/o Shri Pukhraj

arrested in connection with FIR No.08/2022, registered at Police

(3 of 3) [CRLMB-6942/2022]

Station Sadar Kotwali, Jodhpur shall be enlarged on bail, if not

wanted in any other case, provided he furnishes a personal bond

of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of

Rs.25,000/- (Rupees Twenty Five Thousand) each to the

satisfaction of learned trial court, for his appearance before that

court on each & every date of hearing and whenever called upon

to do so, till completion of the trial.

(KULDEEP MATHUR),J 12-Ravi Kh/-

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