Deepak Mali vs State, Through Pp

Vijay Bishnoi, J

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No. 142/2019 of Police Station Subhash Nagar, Distt. Bhilwara for the offence(s) punishable under

Section(s) 498-A and 304-B IPC. He/she/they has/have preferred this/these fourth bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of the third bail application of the petitioner, statements of the complainant -

Sagarmal have been recorded before the trial court as PW-3. It is argued that earlier the statements of the father and step mother of the complainant were recorded and the above prosecution witnesses have specifically admitted that they did not make any complaint against the petitioner before the date of incident. It is submitted that on the day of incident, the complainant voluntarily dropped the deceased at the house of the petitioner. Learned counsel has submitted that the said prosecution witnesses have improved their statements before the trial court and stated many things, which they did not say during the course of police investigation. It is further submitted that from the record, it can also be gathered that from the last so many days,

the deceased was living in her parental house and she was dropped by her brother at the house of the petitioner forcibly against her wishes. Learned counsel has submitted that as a matter of fact, the deceased was not happy with her marriage and when her parents and brother forced her to live with the petitioner, she committed suicide.

Learned Public Prosecutor has opposed the bail application(s).

Having regard to the totality of the facts and circumstances of the case and after going through the statements of the prosecution witnesses,

without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these fourth bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Deepak Mali S/o

Sh. Devi Lal Mali shall be released on bail in connection with FIR No. 142/2019 of Police Station Subhash Nagar, Distt. Bhilwara provided

he/she/they execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the

completion of the trial.