Rajasthan High Court - Jodhpur
Jagdish vs State on 15 December, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Criminal Misc. Bail Application No. 14497/2020 Jagdish S/o Madhav Lal, Aged About 50 Years, Kelwa, District Rajsamand (Raj.).
(Presently Lodged In District Jail Rajsamand).
----Petitioner Versus State of Rajasthan through PP.
----Respondent For Petitioner(s) : Mr. Vineet Jain through VC. For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 15/12/2020 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 20/2020, Mahila Police Station Rajsamand, District Rajsamand, registered for the offences under Sections 498-A and 306 of the Indian Penal Code.
Learned counsel appearing for the petitioner through video conferencing stated that the marriage of the petitioner with the deceased took place 20 years ago; that the incident took place on 11.06.2020; that on the very same day, proceedings under the provisions of Section 174 Cr.P.C. were initiated on behalf of the accused party; that the present First Information Report (FIR) was filed on 23.06.2020; that there was no specific allegation against the accused-petitioner; that the accused-petitioner was wrongly (Downloaded on 16/12/2020 at 08:52:10 PM) (2 of 2) [CRLMB-14497/2020] implicated in this case; and that the trial will take time, therefore, benefit of bail may be granted to the present accused-petitioner.
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner.
Heard and considered the arguments advanced by the learned counsel appearing for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
Having regard to the facts and circumstances of the case and particularly looking to the statements of the witnesses, more particularly to the statement of Rudrapriya, i.e., the son of the accused-petitioner and the deceased; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the 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 filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner, Jagdish S/o Madhav Lal, arrested in connection with F.I.R. No. 20/2020, Mahila Police Station Rajsamand, District Rajsamand, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 45-Mohan/-
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