HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 14768/2021

Subhas S/o Bhagirath, Aged About 35 Years, Munsari, P.s.

Rawatsar Dist. Hanumangarh. (At Present Lodged In Sub Jail,

Nohar).

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Rakesh Matoria

For Respondent(s)

:

Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

23/11/2021

This bail application under Section 439 Cr.P.C. is laid by

petitioner in connection with FIR No.327/2021, registered at Police

Station Rawatsar, District Hanumangarh, wherein he is charged for

offences punishable under Sections 306 & 498-A IPC.

It is contended on behalf of petitioner that initially the FIR

was lodged for offence under Section 302 & 498-A IPC with the

allegation that petitioner tortured deceased for demand of dowry

and when the demands were not satisfied then the petitioner and

his mother Guddi Devi committed murder of the deceased. During

the course of investigation, statement of informant Ranveer Singh

were recorded and he had stated that the petitioner was having

illicit relationship with one Suman. Either the deceased has been

put to fire or she has committed suicide. It is also contended that

during the course of investigation, informant submitted an

application to Deputy Commissioner of Police, Rawatsar stating

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[CRLMB-14768/2021]

therein that mother-in-law of the deceased was not involved in the

incident. He further relied upon the statement of son of deceased,

namely, Kamlesh who has stated that on the fateful day there was

quarrel between his parents and thereafter, his mother lit fire on

her body. He further stated that the element of instigation and

abatement to commit suicide is missing in the entire investigation

conducted by the police and point-wise report has been submitted

before the Court and specifically para 15 of conclusion of

investigation, it has been found by the police that on the date of

incident quarrel occurred between deceased and petitioner for

want of cooking food. It is further contended that the charge-

sheet has been submitted against the petitioner under Section 306

read with 498-A IPC but there is no evidence of abatement or

instigation to commit suicide on record.

Per contra, learned Public Prosecutor has opposed the bail

application and stated that evidence came on record that

petitioner was having illicit relationship with one Suman and

because of the same, deceased committed suicide.

Having heard learned counsel for the parties and taking into

consideration the investigation conducted by police and more

particularly, the finding recorded by police in para 15 that the

incident took place for want of cooking food and looking to the fact

that petitioner is in judicial custody since 18.07.2021 and charge-

sheet has already been submitted and petitioner is not having any

criminal antecedent, without expressing any opinion on merits of

the case, I deem it just and appropriate to grant indulgence to the

petitioner by enlarging him on bail.

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

allowed and it is ordered that accused-petitioner Subhas S/o

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[CRLMB-14768/2021]

Bhagirath, arrested in connection with F.I.R. No.327/2021, Police

Station Rawatsar, District Hanumangarh may be released on bail;

provided he furnishes a personal bond of Rs.50,000/- with two

surety bonds of Rs.25,000/- each to the satisfaction of learned

trial Court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(ANOOP KUMAR DHAND),J

15-T.Singh/-