Advocates:
['NISHANT BORA', '', 'OM PRAKASH', 'SURENDRA SINGH CHOUDHARY', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Temporary Bail Application No. 4434/2022

Rajendra S/o Shri Shankar Lal, Aged About 29 Years, R/o Village

Olvi, Police Station Bilara, District Jodhpur.

(Presently Lodged At Pichyak Jail, District Jodhpur)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr.Nishant Bora, Adv.

Mr.S.S.Choudhary, Adv.

For Respondent(s)

:

Mr.Mukthiyar Khan, PP

Mr.Zafar Khan, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/04/2022

The present bail application has been filed by the petitioner

under Section 439 Cr.P.C. seeking interim bail on the ground of

marriage of his sister.

Learned counsel for the petitioner submits that marriage of

the petitioner’s sister has been solemnized on 03.04.2022 and

vidaai/post marriage ceremonies are scheduled to be taken place

on 04.04.2022 & 05.04.2022. The petitioner is the only brother of

his sister, Guddi, who is deaf and dumb. His presence is essential

in the vidaai ceremony. In these circumstances, the petitioner may

be granted interim bail for a period of 10 days.

Learned Public Prosecutor and learned counsel for the

complainant have vehemently opposed the prayer of the

petitioner.

(2 of 2)

[CRLMB-4434/2022]

Having regard to the facts and circumstances of the case as

also the fact that the allegation against the petitioner-husband is

of offence under Section 498-A, 306, 302 of IPC, this Court is not

inclined to release the petitioner on interim bail. Accordingly, the

present interim bail application is dismissed.

However, taking into consideration the fact that marriage of

petitioner’s sister has been solemnized on 03.04.2022 and post

marriage ceremony is yet to be taken place and the petitioner is

the only brother of his sister, I deem it just and proper to permit

the petitioner to visit his house for attending vidaai ceremony of

his sister in police custody of two guards for a period of two days

i.e. on 04.04.2022 & 05.04.2022. Accordingly, it is directed that

petitioner-Rajendra S/o Shri Shankar Lal be permitted to attend

his sister’s post wedding ceremony under police custody of two

guards on 04.04.2022 & 05.04.2022, expenses of which, shall be

borne by the petitioner. He will be lodged back to the concerned

jail on 05.04.2022 at about 6 PM.

(MANOJ KUMAR GARG),J

106-NK/-