Daleep Singh vs State Of Rajasthan

Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.

The petitioner has been arrested in connection with FIR No.449/2018 of Police Station Nokha, District Bikaner for the offences punishable under Sections 489-A, 302 and 304-B I.P.C. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner is father-in-law of the deceased and he is serving as Head Constable in Rajasthan Police at Bikaner. Learned counsel for the petitioner has further submitted that though allegation of demand of dowry has been levelled against the petitioner, his son and his wife, but no specific date and time has been clarified by the witnesses. Learned counsel for the petitioner has further submitted that the police have failed to conclude that on the day of incident, the petitioner was present at village Sindhu. It is argued that as a matter of fact on the day of incident, the petitioner was on duty at Bikaner. Learned counsel for the petitioner has further submitted that in the post mortem report also, the cause of death of the deceased is mentioned as asphyxia by drowning and hence, it is wrong to say that the petitioner along with other co-accused persons had murdered the deceased. It is further submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant has argued that from the statements of witnesses recorded during the course of investigation particularly the statements of parents and brother of the deceased, it is clear that soon before the death of the deceased, there was a demand of dowry on the part of the petitioner and other co-accused persons. It is further argued that in the post mortem report, it is clearly mentioned that there are in all six ante mortem injuries on the body of the deceased, therefore, it cannot be said that the deceased had committed suicide and it is suggested that soon before her death, she was subjected to cruelty by the petitioner and other co-accused persons.

Having regard to the totality of the facts and circumstances of the case and having gone through the charge-sheet, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Daleep Singh S/o late Jagmal Singh Bhati shall be released on bail in connection with FIR No.449/2018 of Police Station Nokha, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.