Anil vs State of Rajasthan - 2023 Supreme(Raj) 2320

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2320

IN THE HIGH COURT OF RAJASTHAN
KULDEEP MATHUR, J.
Anil - Petitioner
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 1083 of 2023.
Decided on : 03-05-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rakesh Matoria Mr. Vikas.
For the Respondent: Mr. Shrawan Kumar, PP assisted by Ms. Kamla Goswami.

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Bail application - The petitioner sought bail under FIR No.155/2022 for alleged offences under Sections 498A and 304B of IPC, arguing false implication and lack of evidence for dowry demands. The court emphasized the lengthy custody of the petitioner and the probative value of evidence presented. (Paras 1-6)

(B) Bail - Criteria for granting bail - The Court held that the rights of personal liberty must be considered, especially when the trial may be prolonged, warranting the grant of bail. (Para 6)

Facts of the case:
The petitioner was arrested in connection with charges of dowry-related offences and claimed false implications, supported by statements from witnesses that lacked substantial evidence. The petitioner had been in custody since May 1, 2022.

Findings of Court:
The Court deemed it just to enlarge the petitioner on bail, considering the duration of custody and the potential length of trial.

Issues: The key issues included the allegations of false implication and absence of substantial evidence for the charge of dowry demands against the petitioner.

Ratio Decidendi: The court determined that the prolonged custody without substantial evidence justified granting bail, allowing personal liberty to prevail until trial completion.

Result: Bail application allowed.

Table of Content
1. petitioner's arrest context and fir details. (Para 1)
2. arguments presented by both parties. (Para 2 , 3)
3. court's considerations on bail application. (Para 4 , 5 , 6)
4. grant of bail and conditions imposed. (Para 7)

ORDER :

Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.155/2022 registered at Police Station Mahila, District Hanumangarh, for offence under Sections 498A and 304B of IPC.

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

3. Learned counsel for the petitioner submitted that in the FIR lodged by the complainant, omnibus allegations have been levelled against the family members of the present petitioner. Learned counsel submitted that the Police after making investigation has filed charge-sheet only against the present petitioner under Sections 498A and 304B of IPC. Learned counsel submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the statement of the complainant and one Shri Chet Ram recorded under Section 161 Cr.P.C., learned counsel submitted that there is nothing on record to substantiate the allegation of demand of dowry, soon before the death of the deceased. Learned counsel submitted that the petitioner and deceased had been living separately and there is nothing on record suggesting that she was being subjected to cruelty or harassment by the petitioner in connection with demand of dowry. He further submitted that the petitioner is in custody since 01.05.2022 and no useful purpose would be served by keeping him behind the bars, therefore, the petitioner deserves to be enlarged on bail

4. Per contra, learned Public Prosecutor opposed the bail application.

5. Heard.

6. Considering the arguments advanced by the counsel for the parties also the fact that the petitioner is in custody since 01.05.2022 and looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioner on bail.

7. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Anil S/o Shri Jeet Ram shall be enlarged on bail in connection with FIR No.155/2022 registered at Police Station Mahila, District Hanumangarh, 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.

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