High CourtsSingle Bench

Samrath vs State

Rajasthan High Court · Decided on 11 October 2022 · Citation: (2022) 10 RAJ CK 0007

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 304B · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 2746 Of 2022
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Judgment

5 paragraphs · 238 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 222/2021 of Police Station Salamgarh, District Pratapgarh for the offence punishable under Section 304-B of IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that complainant-father (PW-1), Sisters- Rinku (PW-3), Santosh (PW-4) and Priyanka (PW-2) have been examined before the trial Court and they have been declared hostile. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Samrath S/o Sita Ram, shall be released on bail in connection with FIR No.222/2021 of Police Station Salamgarh, District Pratapgarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.