High CourtsSingle Bench

Dharam Chand Salvi vs State Of Rajasthan

Rajasthan High Court · Decided on 12 April 2023 · Citation: (2023) 04 RAJ CK 0040

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 306
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2166 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 318 words

Kuldeep Mathur, J

The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.208/2022, registered at Police Station Kareda, District Bhilwara for offence punishable under Section 306 of the IPC.

Learned counsel for the petitioner drew attention of the Court towards the FIR and charge-sheet filed against the petitioner by the Investigating Agency.

Learned counsel for the petitioner submitted that from the perusal of the FIR and the charge-sheet, it is evident that there was no intention of the petitioner to aid or instigate or abet the commitment of suicide by the deceased. Learned counsel for the petitioner submitted that the petitioner and the deceased were married for 12 years and therefore, the allegations of the abetment to commit suicide is not made out. He further submitted that there are no specific charges against him under Section 306 of IPC. In view of this, the benefit of bail deserves to be granted to the accused petitioner.

On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Dharam Chand Salvi S/o Sh. Mangi Lal Salvi arrested in connection with FIR No.208/2022, registered at Police Station Kareda, District Bhilwara shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.