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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor assisted by the I.O. and the learned counsel for the complainant. Perused the material available on record.
The S.P. Nagaur and the investigating Officer Shri Antar Singh are present in the Court. They express their sincere apologies for failure of the I.O. to remain present despite direction given earlier.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.186/2016, registered at Police Station Degana, District Nagaur for the offences under Sections 498A and
306 IPC.
Learned counsel Shri Jasmatia urges that the investigating officer has himself concluded in the charge-sheet that the allegation of the prosecution regarding the deceased having been harassed and humiliated on account of bringing less dowry was not proved. The investigating officer has collected the details of the calls exchanged interse between the deceased Smt. Pinky and on Ram Swaroop and the result of investigation has been filed with the indication that the deceased was having some kind of relation with Ramswaroop. The investigation officer has further concluded that the petitioner came across the messages sent by the deceased to Ram Swaroop on Karwa Chauth festival and there was a dispute interse between the spouses because of these exchanges and thereafter Smt. Pinky committed suicide.
The investigating officer candidly concedes that by mistake the call details could not be placed on record. During investigation, some witnesses have even stated that the deceased used to level false allegations of illicit relations of the petitioner in order to cover up her relationship with Ram Swaroop.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Jitendra arrested in connection with the F.I.R. No.186/2016, registered at Police Station Degana, District Nagaur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the 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.
The investigating officer shall forthwith place on record of the trial Court the relevant call details of the calls made from the mobile of Smt. Pinky, on the basis whereof the charge-sheet was filed.