Sanjay Kumar vs State Of Rajasthan

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

The petitioner has been arrested in FIR No.39/2019 of Police Station Gangasheher, District Bikaner for the offences punishable under Sections 498-A, 306 and 323 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 the marriage of the petitioner was solemnized with the deceased in the year 2011, however, in the night of 28.02.2019, the deceased committed suicide. It is submitted that immediately the parents of the deceased were informed and they reached Bikaner and in the presence of them, postmortem was conducted. Learned counsel for the petitioner has submitted that in the FIR as well as in the statements of parents and other relatives of the deceased it is alleged that the petitioner and in-laws of deceased had been harassing her for dowry for last around eight years, however, it has not been specified that when and where the petitioner and his family members demanded dowry or harassed the deceased. Learned counsel for the petitioner has submitted that out of the wedlock of the petitioner and deceased two children are there and from that it is clear that the relation between the petitioner and the deceased were cordial. Learned counsel for the petitioner has further submitted that the police have failed to collect any evidence to suggest that the petitioner instigated the deceased to commit suicide. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant has invited attention of this Court towards the Naksha Moka report as well as postmortem report and argued that from the said documents, it is clear that the police have not conducted the investigation in proper manner and have filed charge-sheet for the offence punishable under Section 306 IPC whereas it is a case of murder. It is also submitted that though in the charge-sheet, the police have mentioned about the call details of the mobile phones of the deceased and the petitioner but the said call details are not part of the charge-sheet. Learned counsel for the complainant has further submitted that the complainant party has already moved an application before the trial court for conducting fair investigation in the matter and the same is pending.

Having regard to the totality of the facts and circumstances of the case and after perusing the charge-sheet, 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 - Sanjay Kumar S/o Shankarlal shall be released on bail in connection with FIR No.39/2019 of Police Station Gangasheher, District Bikaner 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.