Mahendra S/o Shri Harji Regar vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the challan paper.

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.05/2017 registered at Police Station

Phooliya Kalan, District Bhilwara for the offences under Sections

498-A and 304-B IPC.

Learned counsel contends that the petitioner was married to

the deceased Smt.Sonia about five years before the incident. She

passed away by drowning in a well on 04.01.2017. The FIR came

to be lodged by Ladu Lal father of the deceased. He urges that

there is no allegation either in the FIR or in the statements of the

prosecution witnesses that the deceased was ever harassed or

humiliated on account of demand of dowry. He thus urges that the

petitioner deserves to be released on bail.

Learned Public Prosecutor vehemently opposes the

submission advanced by the petitioner''s counsel. However, he too

does not dispute the fact that there is no allegation in the FIR or

in the statements of the prosecution witnesses, that the deceased

was ever harassed or humiliated on account of dowry demand

soon before her death.

Thus, 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 Mahendra arrested in

connection with the F.I.R. No.05/2017 registered at Police Station

Phooliya Kalan, District Bhilwara shall be released on bail provided

he 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.