Gordhan Khinchi vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

Contention of learned Counsel for Petitioner is that there was a matrimonial dispute between Petitioner and deceased for offence u/s 12 of the Protection of Women from Domestic Violence Act, 2005, which was filed at the instance of deceased. Deceased was married to Petitioner in 1996. She was residing separately with her parents for last two-and-a-half-year. It was clearly stated by her brother Ashok, father Hajari Lal and mother Kamla Devi in their statements recorded u/s 174 Code of Criminal Procedure that deceased was patient of depression and was under treatment. There was no cause of immedaite abement, although unfortunatley deceased overacted to the family life and took extreme step of committing suicide by putting herself on fire. Petitioner was arrested on 03.03.2011 and since then he is in jail. Challan has been filed. There is no other criminal case ever registered against the Petitioner.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-Petitioner, namely, Gordhan Khinchi Son of Shanti Lal, Resident of House No. A-214, Mandi Khatikan, near Delhi Bypass, Ramganj, Police Station Ramganj, Jaipur (presently confined in Central Jail, Jaipur) be released on bail u/s 439 Code of Criminal Procedure, in FIR No. 45/2011, Police Station Galta Gate, Jaipur, u/s 306 IPC, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case it is found that any other criminal case is pending against Petitioner and that misstatement has been made about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court and stipulation to this effect shall be inserted in bail bonds produced by Petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.

The bail application stands disposed of.