Mohammad Saleem 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.278/2020 registered

at Police Station Jhotwara, Jaipur for the offence(s) under Section(s) 498-A, 302 of I.P.C. and later on for offence under Section 306 of IPC.

It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case, wherein deceased-Sultana has

committed suicide after ten years of marriage on account of some trifle matrimonial dispute. He submitted that the allegation levelled by the father of

the deceased as to murder her with regard to demand of dowry, has not been found to be true by the Investigating Agency as the charge-sheet has

been filed under Section 306 IPC. Drawing attention of this Court towards the statement of the prosecution witnesses recorded under Section 161

Cr.P.C. including the statement of minor daughter Baiji @ Rozi, learned counsel for the petitioner contended that none of the ingredients necessary to

constitute offence under Section 306 IPC exists against the petitioner. He submits that the petitioner is in custody since 09.07.2020, charge-sheet has

already been filed, trial of the case will take time and prays 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 the petitioner, his length of custody, filing of the 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 Mohammad Saleem S/o Mohammad Maloo Khan 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.