Chutra Ram vs State Of Rajasthan

Accused-petitioner, facing trial for offence punishable under Sections 304-B and 498-A I.P.C. in Sessions Case No.86/2017, pending before Additional Sessions Judge, Jodhpur, founded on F.I.R. No.46/2017, registered at Police Station Dechu, District Jodhpur, has preferred this third bail application under Section 439 Cr.P.C.

The first bail application of petitioner was rejected on 13.11.2017. Later on, the second bail application was also turned down on 27.09.2018.

Arguing on this third bail application, it is submitted by learned counsel for the petitioner that after rejection of second bail application there is substantial change in the circumstances. Highlighting substantial change in the circumstances, it is urged by learned counsel that as per prosecution witnesses P.W.3-Jetharam and P.W.4-Tulcharam, who are close relatives of deceased, marriage between petitioner and deceased was solmenized somewhere in 2010, and therefore, on the date of incident matrimony was more than seven years old. Learned counsel therefore urged that it is not a case of offence under Section 304-B I.P.C. It is also argued by learned counsel that prima-facie for constituting offence under Section 304-B I.P.C., evidence showing cruelty or harassment by petitioner for demand of dowry from deceased is not discernible from the statements of all the four prosecution witnesses. It is submitted by learned counsel that for constituting offence under Section 304-B I.P.C. subjecting deceased to cruelty or harassment by husband or any relative of the husband in connection or for demand of dowry is pre-requisite, and therefore, in the backdrop of evidence of the prosecution witnesses, there is material change in the circumstances, which requires consideration for grant of bail. It is also submitted by learned counsel that the petitioner is in custody since 16.03.2017 and completion of trial is likely to take considerable time, therefore, he may be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail plea of petitioner. It is argued by learned Public Prosecutor that in the backdrop of serious criminal delinquency attributed to the petitioner he is not entitled for grant of bail.

I have bestowed my consideration to the arguments advanced and perused the materials available on record including statements of prosecution witnesses.

Having regard to the facts and circumstances of the case, while refraining to make any comment on merits, I feel persuaded to accept this third bail application.

Accordingly, the third bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Chutra Ram S/o Koza Ram, arrested in connection with F.I.R. No.46/2017 of Police Station Dechu, District Jodhpur, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties 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.