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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.528/2020 registered
at Police Station Mahwa (Dausa) for the offence(s) under Section(s) 498A and 304B of I.P.C.
Learned counsel for the petitioner submitted that after rejection of first bail application, charge-sheet has been filed on 12.11.2020 and hence, this
second bail application. He contended that deceased Sarita was not legally wedded wife of the petitioner and hence, no offence under Sections 498-A
and 304-B IPC is made out. He submitted that as per the post-mortem report of the deceased, she has committed suicide; but, there is compete
absence of any ingredient in the entire charge-sheet to constitute offence Section 306 IPC even prima facie against the petitioner. Referring the
statement of the prosecution witnesses recorded under Section 161 Cr.P.C. and especially the statement of Smt. Mukut, landlady, recorded under
Section 164 Cr.P.C., learned counsel submitted that the deceased was never subjected to harassment by the petitioner. He submits that the petitioner
is in custody since 19.08.2020, charge-sheet has been filed, trial of the case will take time, he has no criminal antecedents and prays for his release on
bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegation against him, his length of custody, filing of the charge-sheet, absence of criminal antecedents and the material available in the
case diary; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application is allowed and it is directed that accused-petitioner Vedprakash @ Monu S/o Shri Radheyshyam shall be
released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.