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Rajasthan High Court - Jaipur

Dinesh Kumar Ola vs State Of Rajasthan Through Pp on 29 January, 2018

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
          S.B. Criminal Miscellaneous Bail No. 688 / 2018
Dinesh Kumar Ola S/o Shri Mohan Lal Ola B/c Jat, R/o Village
Mohanpura, Post Dungari Kalan, Police Station Renwal, District
Jaipur. (At Present Confined At Central Jail, Jaipur).
                                                       ----Petitioner
                               Versus
State of Rajasthan Through PP.
                                                     ----Respondent
_____________________________________________________
For Petitioner(s)    : Mr.Dinesh Choudhary
For Respondent(s) : Mr.R.R.Singh Rathore,PP
For Complainant      : Mr.Sudhir Jain
_____________________________________________________
          HON'BLE MR. JUSTICE PANKAJ BHANDARI
                         Judgment / Order
29/01/2018

1.    Petitioner has filed this bail application under Section 439 of

Cr.P.C.

2.    F.I.R. No.244/2017 was registered at Police Station Kalwar,

District Jaipur for offence under Sections 304-B I.P.C. Later on

found offence Under Section 498A, 306 I.P.C.

3.    It is contended by the counsel for the petitioner that the

deceased in this case was a married lady, who eloped with the

present petitioner. As petitioner's brother was having cancer he

had to visit his brother and could not return in the night. The

deceased got agitated by this small incident lost her control and

committed suicide.

4.    Counsel for the complainant and learned Public Prosecutor

have opposed the bail application. Their contention is that a (2 of 2) [CRLMB-688/2018] suicide note has been left by the deceased as per which petitioner was giving assurance to the deceased that he would take her to his family and would give her status of wife and as he did not do so for a long period, deceased under mental depression committed suicide.

5. I have considered the contentions.

6. Considering the contentions put-forth by the counsel for the petitioner and also the fact that charge-sheet has been filed in this case and trial would consume time, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is ordered that the accused-petitioner shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.

(PANKAJ BHANDARI), J.

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