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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.294/2016, registered at Police Station
Sagwada, District Dungarpur for the offence under Section 306
IPC.
The petitioner was married to Smt.Indira about 9 years
before the incident. As per the prosecution case, the petitioner
was working at Kuwait and transferred significant sum of money
to the bank account of Smt.Indira which she consumed. On
coming back, the petitioner asked for the details as to how the
money was spent whereupon Smt. Indira became perturbed and
ended her own life as also of her son.
Learned counsel Shri Dadhich contends that the admitted
prosecution allegations do not make out a case of abetment to
commit suicide against the petitioner.
Learned P.P. vehemently opposes the submissions advanced
by the petitioner''s counsel.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Kamlesh arrested in
connection with the F.I.R. No.294/2016, registered at Police
Station Sagwada, District Dungarpur shall be released on bail
provided she furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- each to the satisfaction of the learned
trial court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.