High CourtsSingle Bench

Mahendra Soni vs State, Through Pp

Rajasthan High Court · Decided on 3 February 2020 · Citation: (2020) 02 RAJ CK 0012

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 306, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1096 Of 2020
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Judgment

6 paragraphs · 323 words

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.169/2019, Police Station- Sadar Kotwali, Jodhpur -East for the offences under Sections 498-A, 406 and 306/34 of IPC.

Heard learned counsel for the petitioner, learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on record.

It is submitted by learned counsel for the petitioner that charge sheet has already been filed in the matter. He further submits that there was cordial relation between the petitioner husband and the deceased. No demand of dowry was every raised by the petitioner. He further submits that niece of the complainant is married to the younger brother of the present petitioner very recently. Had there been any harassment for demand of dowry by the petitioner, there would have been no question for the complainant for allowing marriage of his niece with the younger brother of the petitioner. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Learned counsel for the complainant vehemently opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, 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 Mahendra Soni S/o Shri Manak Chand arrested in connection with F.I.R. No.169/2019, Police StationSadar Kotwali, Jodhpur -East shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.