Kalla @ Deepu vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 165/2020 registered

at Police Station Sainpau, District Dholpur for the offence under Section(s) 143 & 304-B of IPC and later on for the offence under Section 306 of

IPC.

Drawing attention of this Court towards the statement of the prosecution witnesses including the father, mother and brother of the deceased recorded

under Section 161 Cr.P.C., learned counsel for the petitioner submitted that the only allegation against the petitioner is that he used to consume liquor

and harass the deceased thereafter. He submitted that in` the entire charge sheet, there is no material to show that the petitioner instigated the

deceased to commit suicide so as to make out the case under Section 306 IPC against him. He submitted that the petitioner is in custody since

09.09.2020, charge sheet has been filed, trial of the case will take time and prayed 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 charge sheet and the material available in the charge sheet; 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 bail application is allowed and it is directed that accused-petitioner Kalla @ Deepu S/o Shri Santoshi 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.