Neeraj vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.466/2018 of Police Station Subhash Nagar, District Bhilwara for the offences punishable under Sections 498-A and 304-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the police have also concluded that as the marriage between the petitioner and the deceased was a mismatch and the deceased being an educated lady was not satisfied with her marriage to the petitioner, who is only 12th pass and is working as mechanic. Learned counsel for the petitioner has submitted that the deceased was differently abled and the petitioner was poor, the parents of the deceased solemnized her marriage with the petitioner, who is about four years younger than the deceased. Learned counsel for the petitioner has submitted that as the petitioner is not highly educated, whereas the deceased was highly educated and, therefore, she was not satisfied with her marriage and this was the cause of dispute between them. Learned counsel for the petitioner has submitted that as the deceased was not satisfied with her marriage, she committed suicide but there is no evidence available on record to suggest that the petitioner instigated the deceased to commit suicide. It is also submitted that no definite evidence, except the statement of interested witness, is available in support of the allegation that the petitioner demanded dowry or harassed the deceased for the same. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Neeraj S/o Balkishan @ Balmukund Sharma shall be released on bail in connection with FIR No.466/2018 of Police Station Subhash Nagar, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.