Murli Baisla S/O Manglaram vs State Of Rajasthan on 13 December, 2021

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Rajasthan High Court - Jaipur

Murli Baisla S/O Manglaram vs State Of Rajasthan on 13 December, 2021

Bench: Farjand Ali

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 19525/2021

Murli Baisla S/o Manglaram, Residetn Of Kitarpura Jhol Ki
Dahani, Tehsil Baswa, District Dausa
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

For Petitioner(s) : Mr. Arvind Sharma, Adv.

For Respondent(s)         :     Mr. S.S. Mehla, PP
                                Mr. Sandeep Sharma, for complainant



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

13/12/2021

1. The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.499/2021 registered at Police Station Bandikui, District Dausa for the offence(s) under Sections 302, 498A, 201 and during the investigation Police find out the Offence under Sections 498-A, 406, 306 and 201 of IPC.

2. Learned counsel for the petitioner submits that the death of the deceased occurred after 15 years of marriage, there was no discord in between the spouses and it was a natural death. Counsel submits that the boy of the petitioner Deepak Kumar aged 12 years and the witness Hansraj Gurjar specifically stated to the Investigating Agency that the petitioner was not present at the place of incident. He submits that bail plea of the wife of the petitioner has been allowed by this Court vide order dated (Downloaded on 15/12/2021 at 09:29:27 PM) (2 of 3) [CRLMB-19525/2021] 29.11.2021 and since the allegations against the petitioner are identical, therefore, the same treatment may be given to him.

3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Counsel for the complainant submits that after the death of the deceased, the cremation was being done in very clandestine manner.

4. Heard perused the case diary, more particularly the statement of the boy Deepak Kumar neighbour Hansraj and others.

5. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Bandikui, District Dausa, in F.I.R. No. No.499/2021 is directed that in the event of arrest of the petitioner Murli Baisla S/o Manglaram he shall be released on bail, provided he/each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise (Downloaded on 15/12/2021 at 09:29:27 PM) (3 of 3) [CRLMB-19525/2021] to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

(iii) that the petitioner shall not leave India without previous permission of the court.

(FARJAND ALI),J Aks/-78 (Downloaded on 15/12/2021 at 09:29:27 PM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jaipur