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2011 Supreme(Raj) 1762

MAHESH BHAGWATI
Rakesh Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner: Hari Kishan Saini, Counsel.
For the State: G.S. Fauzdar, Public Prosecutor.

JUDGMENT

1. - This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Hari Kishan Saini, Advocate on behalf of the petitioner Rakesh Kumar pertaining to F.I.R. No. 6/2011 of Police Station Pratap Nagar, District Jaipur registered for the offences under Sections 498A and 406 of IPC.

2. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material emerging on record.

3. Learned counsel for the petitioner canvassed that neither he ever raised a demand for dowry nor subjected the complainant to cruelty. The complainant's parents never gave the golden ornaments on any occasion during marriage and thereafter. Hence, on account of there being no evidence against him with regard to demand for dowry and cruelty, he may be granted indulgence of pre-arrest bail.

4. Learned PP appearing for the State has opposed the bail application on the ground that golden ornaments were given in dowry to the petitioner and the bills have been furnished in support of the same.

5. Having considered the submissions made at the bar and perused the relevant material emerging on record, it is noticed that the bills








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