High CourtsSINGLE BENCH(2017) 04 RAJ CK 0029

Kamlesh S/o Hurji Sarpota Meena vs State of Rajasthan

Rajasthan High Court · Decided on 6 April 2017

HON’BLE JUDGES
Sandeep Mehta
RESULT
Allowed
CASE NUMBER
2795 of 2017

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Judgment

8 paragraphs · 288 words
1.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

2.

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.294/2016, registered at Police Station Sagwada, District Dungarpur for the offence under Section 306

IPC.

3.

The petitioner was married to Smt.Indira about 9 years before the incident. As per the prosecution case, the petitioner was working at Kuwait and transferred significant sum of money to the bank account of Smt.Indira which she consumed. On coming back, the petitioner asked for the details as to how the money was spent whereupon Smt. Indira became perturbed and ended her own life as also of her son.

4.

Learned counsel Shri Dadhich contends that the admitted prosecution allegations do not make out a case of abetment to commit suicide against the petitioner.

5.

Learned P.P. vehemently opposes the submissions advanced by the petitioner's counsel.

6.

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.

7.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Kamlesh arrested in connection with the F.I.R. No.294/2016, registered at Police Station Sagwada, District Dungarpur shall be released on bail provided she 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.