Rajasthan High Court - Jaipur
Dinesh Prajapat S/O Shri Kaluram ... vs State Of Rajasthan on 15 March, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15685/2021
Dinesh Prajapat S/o Shri Kaluram Prajapat, Aged About 27
Years, R/o Kumawato Ka Mohalla, Vill- Hardattpura, P.s.
Kardhani, Jaipur West. At Present Confined Central Jail Jaipur
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. S.K. Mahla, PP HON'BLE MR. JUSTICE FARJAND ALI Order 15/03/2022
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Dinesh Prajapat S/o Shri Kaluram Prajapat. The petitioner has been arrested in connection with FIR No.553/2021 registered at Police Station Kardhani, Jaipur Metropolitan West for the offence(s) under Sections 498A, 304B of IPC.
2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offence, and no useful purpose would be served by keeping him behind the bars.
3. Per contra, learned Public Prosecutor opposed the bail application.
4. Heard learned counsel for the petitioner, perused the order impugned and the relevant papers of the challan paper. (Downloaded on 24/12/2022 at 04:06:36 PM)
(2 of 3) [CRLMB-15685/2021] 5. Indisputably, the marriage of the petitioner with the
deceased got solemnized in the year 2014 and the unfortunate incident happened on 27.07.2021, a few days before completion of 7 years of their marriage. she succumbed to death as she ended her life by hanging in her room. A baby boy was also begotten by her out of their wed-lock. A bare perusal of the statements of the neighbours namely, Bheru Ram, Smt. Prem and Bheru S/o Hanuman clearly goes to show that there was no marital discord or tiff in between the spouse. Even the uncle of the deceased, Babulal, who stated in his statement recorded under Section 161 Cr.P.C. that no complaint was ever made by the deceased to him or his brother never made any aspersions against the petitioner. A bare perusal of the autopsy report conducted by the medical officer as well as the panchnama of body reveals that no external or internal or visible injury was found on the body when it was examined in the mortuary. After investigation, challan has been filed. It is an admitted fact that after the death, by the consent of the parents of the deceased, the body was handed over to the petitioner for cremation. A baby boy is also living with the parents of the petitioner and now petitioner has to look after his needs and desires. Therefore, for the better upbringing of the child, petitioner deserves to be released on bail. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, named above, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- (Downloaded on 24/12/2022 at 04:06:36 PM)
(3 of 3) [CRLMB-15685/2021] each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J CHANDAN /168 (Downloaded on 24/12/2022 at 04:06:36 PM) Powered by TCPDF (www.tcpdf.org)