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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the challan paper.
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.05/2017 registered at Police Station Phooliya Kalan, District Bhilwara for the offences under Sections 498-A and 304-B IPC.
Learned counsel contends that the petitioner was married to the deceased Smt.Sonia about five years before the incident. She passed away by drowning in a well on 04.01.2017. The FIR came to be lodged by Ladu Lal father of the deceased. He urges that there is no allegation either in the FIR or in the statements of the prosecution witnesses that the deceased was ever harassed or humiliated on account of demand of dowry. He thus urges that the petitioner deserves to be released on bail.
Learned Public Prosecutor vehemently opposes the submission advanced by the petitioner's counsel. However, he too does not dispute the fact that there is no allegation in the FIR or in the statements of the prosecution witnesses, that the deceased was ever harassed or humiliated on account of dowry demand soon before her death.
Thus, 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 Mahendra arrested in connection with the F.I.R. No.05/2017 registered at Police Station Phooliya Kalan, District Bhilwara 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.