Hadmat Singh vs State

Heard learned counsel for the parties and also perused the material on record.

The petitioner has been arrested in FIR No.180/2019 of Police Station Shergarh District Jodhpur for the offences punishable under Sections 498-A, 304-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner of harassing his wife for dowry is false. It is submitted that the marriage of the petitioner with the deceased was solemnized around four years prior to the incident and till the date, the deceased committed suicide, no such allegation of demand of dowry was ever levelled against the petitioner. It is submitted that the police, during the course of investigation, concluded that as the deceased had doubt that the petitioner is having illicit relation with his elder brother's wife, she out of depression, committed suicide along with her one year old daughter. It is submitted that no specific date and time have been mentioned by the parents of the deceased in their statements as to when the petitioner demanded dowry from them or from 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 submitted that as the death of the deceased and her minor daughter took place within seven years of marriage, presumption is against the petitioner and in such circumstances, he is not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances of the case and after going through the charge-sheet and taking into consideration the fact that the police in its conclusion, observed that the deceased was perturbed as she had some doubt that the petitioner was illicit relation with her elder brother's wife, she committed suicide and the said observations of the police are based on statements of some of the witnesses, 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 Section 439 Cr.P.C. is allowed and it is directed that petitioner Hadmat Singh S/o Poonjraj Singh, shall be released on bail in connection with FIR No.180/2019 of Police Station Shergarh District Jodhpur 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.