Rajasthan High Court - Jaipur
Anil Kumar S/O Shri Ram Chandra vs State Of Rajasthan on 2 September, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 20568/2021
Anil Kumar S/o Shri Ram Chandra, Aged About 39 Years, R/o
Vill. Bhodki PS Gudhagourji Dist. Jhunjhunu Raj.
(At Present Accused Petitioner Confined In Dist. Jail Jhunjhunu)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Meeta Pareek
For Respondent(s) : Mr. S.S. Mehla, PP
Mr. Yogesh Kumar Tailor, for the
complainant
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/09/2022
1. The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 379/2020 Registered at Police Station Gudhagourji, District Jhunjhunu for the offence(s) under Sections 498-A and 306 of IPC.
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and according to the FIR, the allegation against the petitioner is demand of dowry and also that the petitioner has instigated his wife for committing suicide. Counsel further submits that the incident occurred on 20.11.2020, the deceased-wife Manisha after putting kerosene on herself, set herself on fire. Counsel further submits that the petitioner tried to save his wife, on account of which he sustained injuries on both (Downloaded on 25/12/2022 at 06:53:28 AM) (2 of 3) [CRLMB-20568/2021] his hands and neck. The deceased was admitted to the hospital where she died and after the cremation ceremony, FIR was lodged after a delay of four days i.e. on 24.11.2020. The marriage of the petitioner and deceased was solemnized in the year 2012 and the petitioner is having two children aged about 9 and 6 years, who are school going and living with their grandfather. Counsel for the petitioner has placed on record the affidavit of the father of the petitioner stating therein that the children are living with their grandfather, along with the photographs, school certificate as well as the certificate issued by the Sarpanch of the Gram Panchayat. The petitioner is in custody since 26.11.2020 and according to the cross-examination of the complainant, he has admitted that the petitioner has not demanded cash as well as vehicle from them. Counsel further submits that according to the statement of prosecution witness PW-2 Suresh Kumar, he saw a video in the mobile phone, in which the deceased set herself on fire by putting kerosene and using the matchbox. Counsel further submits that out of 29 witnesses, only eight witnesses have been examined and the conclusion of the trial may take a long time.
3. Learned Public Prosecutor and counsel for the complainant have opposed the second bail application.
4. Considering the submissions made by counsel for the petitioner, the fact that both the children are school going and are residing with the father of the petitioner; the marriage of the petitioner and the deceased took place eight years prior to the date of incident and also the statement of prosecution witness and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this (Downloaded on 25/12/2022 at 06:53:28 AM) (3 of 3) [CRLMB-20568/2021] second bail application is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.
(INDERJEET SINGH),J AARZOO ARORA /22 (Downloaded on 25/12/2022 at 06:53:28 AM) Powered by TCPDF (www.tcpdf.org)