Advocates:
['DEEPAK MENARIA', 'PP', '', 'RAGHVENDRA MUNDEL', 'PRAVEEN BHATI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 14516/2021

Prakash Oad S/o Sh. Ram Swaroop Oad, Aged About 34 Years, Near

Sisodiya Garden, Rajeev Gandhi Colony, Pal Road, Pal Link Road, P.s.

Deonagar, Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Deepak Menaria

For Respondent(s)

:

Mr. Muktiyar Khan, P.P.

Mr. Parveen Bhati, for the complainant

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

17/11/2021

Heard learned counsel for the petitioner as well as learned Public

Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.322/2021 of Police

Station Deonagar, Police Commissionarate, Jodhpur for the offences

punishable under Sections 306 of IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that petitioner is

the husband of the deceased and allegation against him is to the effect

that he abated his wife to commit suicide. It is submitted that marriage

of the deceased with the petitioner was twelve years old and out of said

marriage, two child were born who are living in petitioner’s house. It is

submitted that petitioner is in custody since long and for maintaining his

both kids, he may be released on bail. It is submitted that later on,

during the course of investigation, compromise with the complainant

Tan sngh (brother of the deceased) has been entered and the

(2 of 2)

[CRLMB-14516/2021]

compromise has been placed on record. As per compromise, the

complainant accepts that his sister got married with the petitioner

twelve years back and she was suffering from depression and due to

which, she committed suicide. He further submits that there is no other

evidence of abatement against the petitioner and prima facie no case of

306 IPC is made out against him.

Learned Public Prosecutor has opposed the bail application.

Learned counsel for the complainant has puts in appearance and

verified the factum of compromise.

Having regard to the totality of the facts and circumstances of the

case and considering the factum of compromise entered into between

the parties, without expressing any opinion on the merits of the case,

this Court deems it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is

allowed and it is directed that petitioner Prakash Oad S/o Sh. Ram

Swaroop Oad shall be released on bail in connection with FIR

No.322/2021 of Police Station Deonagar, Police Commissionarate,

Jodhpur provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that court on

each and every date of hearing and whenever called upon to do so till

the completion of the trial.

(SUDESH BANSAL),J

64-Taruna/-