Rajasthan High Court - Jaipur
Haricharan S/O Shri Ramgiri vs State Of Rajasthan on 20 May, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.3338/2022
Haricharan S/o Shri Ramgiri, R/o Nadauli Sala (Satheri Ki Sala)
Police Station Rajakhera District Dholpur Raj.
(At Present In District Jail Dholpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Dushyant Jain, Advocate
Mr. Udit Sapra, Advocate
For Respondent(s) : Mr. Govind Upadhyay, Advocate
Mr. Riyasat Ali Khan, Public Prosecutor
HON'BLE MR. JUSTICE FARJAND ALI Order 20/05/2022
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner-Haricharan S/o Shri Ramgiri. The petitioner has been arrested in connection with FIR No.238/2021 registered at Police Station Rajakhera District Dholpur for the offence(s) under Sections 498-A & 304-B IPC.
2. Learned counsel for the accused-petitioner submits that after marriage the spouses spent a quality time with full mirth and merriment and under the marital tie, she begotten a girl child. There was no complaint regarding cruelty or maltreatment rather the younger sister of the deceased was engaged with the younger brother of the petitioner. He further submits that all the family members of the complainant were there and the cremation was about to be performed. The police team was also there at that time. It is said that complainant told to all people present there that it was a simple discord between the spouses and since the (Downloaded on 27/05/2022 at 09:26:04 PM) (2 of 2) [CRLMB-3338/2022] deceased was hyper sensitive so on a very trivial issue, she took the extreme step. Relevant portion of the investigation report reproduced hereinbelow:-
"vuqla/kku ls ik;k x;k gS fd fnukad 08-11-2021 dh jkr dks nhfidk ds ek;dsokys uknkSyh dh 'kkyk ugha vk;sA vxys fnu fnukad 09- 11-2021 dks lqcg nhfidk dk firk jken;ky] pkpk lTtuiqjh] rkÅ fotsUnz iqjh oxSjg nhfidk ds ?kj uknkSyh dh 'kkyk vk;s FksA nhfidk dh llqjkyokyksa o vkliMkSfl;ksa us jken;ky oxSjg dks ?kVuk dh iwjh lPpkbZ crk nhA rc nhfidk ds firk jken;ky oxSjg us dgk fd nhfidk us ifr&iRuh ds chp vkilh dgklquh o eqagokn dh otg ls Qk¡lh yxkdj vkRegR;k dh gS] ifr&iRuh ds chp rks ,sls NksVs&eksVs >xMs gksrs jgrs gSa] bruh lh ckr ij nhfidk us ,slk dne mBk;k gS] blesa fdlh dk dksbZ nks'k ugha gS] vki rks nhfidk dk vafre laLdkj djksA nhfidk dh llqjkyokys nhfidk dh yk'k dks vafre laLdkj ds fy;s 'ke'kku ys x;sA nhfidk ds firk jken;ky oxSjg ek;dsokys Hkh nhfidk ds nkglaLdkj esa 'kkfey gksus ds fy;s lkFk esa gh 'ke'kku x;s FksA "
3. Per contra, learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail application.
4. After investigation, charge sheet has been filed. Thus, in view of the result of the investigation mentioned (supra) and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-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/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J Karan/25 (Downloaded on 27/05/2022 at 09:26:04 PM) Powered by TCPDF (www.tcpdf.org)