Sameer Khan vs State Of Rajasthan And Others

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.380/2022 registered at Police Station Arnod, Dist. Pratapgarh, for offences under Sections 498-A, 304-B, 323 of IPC.

The first application for bail was dismissed by this Court on 10.04.2023 as not pressed.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that no case for alleged offences is made out against the petitioner and his incarceration is not warranted. Learned counsel further submitted that the petitioner and the deceased lived a happy married life for long five years and out of their wedlock, two children were born. It was further contended that they were living happily and no single complaint regarding demand for dowry or anything else was filed on her behalf during long five years of their marital life. Drawing attention of the Court towards the statements of the complainant Abdul Gaffar, recorded before the competent criminal court as PW1, learned counsel submitted that the complainant has not shown any instance that soon before her death, she was maltreated or was subjected to cruelty for which the deceased ended her life. It was further submitted that the deceased ended her life by consuming poisonous tablets and since there is nothing on record to indicate that the petitioner instigated the deceased to end her life; that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that this is not a fit case for enlargement of accused on bail.

Having considered the rival submissions, facts and circumstances of the case and from perusal of the challan papers and the statements of the PW1 Abdul Gaffar, this Court prima facie finds that the petitioner and the deceased lived a happy married life for long five years and out of their wedlock, two children were born. This Court also prima facie finds that the deceased or the complainant did not file a single complaint regarding demand for dowry or anything else during the last five years. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sameer Khan S/o Gulsher Khan arrested in connection with F.I.R. No.380/2022 registered at Police Station Arnod, Dist. Pratapgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.