Rakesh vs State

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.101/2019 of Police Station Kudi Bhagtasni, Jodhpur for the offences punishable under Sections 498-A, 304-B IPC and 3/4 of the Dowry Prohibition Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegations of harassing the deceased and to kill her by administering poison levelled against the petitioner are absolutely false. It is submitted that as a matter of fact, wife of the petitioner committed suicide on account of some minor disputes between them. It is submitted that earlier also, deceased tried to commit suicide but she was saved by the petitioner. It is submitted that charge-sheet has been filed in the matter and trial of the case will take time.

Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application and submitted that from the statement of the witnesses recorded during the course of investigation, it is clear that petitioner harassed the deceased for dowry and administered her poison, which resulted into her death.

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 Rakesh S/o Jethuram Vaishnav shall be released on bail in connection with FIR No.101/2019 of Police Station Kudi Bhagtasni, Jodhpur 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.