Sant Lal vs State of Rajasthan

Sandeep Mehta, J.—Heard learned Counsel for the Applicant, learned Counsel for the complainant and the learned Public Prosecutor.

Learned Counsel for the Applicant has placed on record the dying declaration of the deceased, namely, Saroj recorded by the Additional Chief Judicial Magistrate, No. 1, Bikaner. As per the said dying declaration, deceasedSaroj has stated that she was having some dispute with her mother-in-law, therefore, she had separated from her. She has further stated that her brother and niece had come to live with her in the vacation and in the morning, her brother and her husband had some altercation. After the altercation, her brother and niece went to her sister-in-law''s house. Due to this, she started feeling tense and sent her husband out with her child. Thereafter, she poured kerosene herself and set fire to her body. She came out blazing with fire, on which her husband saw her and he tried to put-off the fire. Thereafter, the deceased by taken to hospital by her husband. She has specifically stated that she had received the said burn injuries on account of her own action and nobody else was liable for the said action.

Learned Public Prosecutor and the counsel for the complainant opposed the bail application.

Looking to the above dying declaration of deceased Saroj recorded by the learned ACJM, No. 1, Bikaner, it is apparent that deceased herself has made no allegations against the husband and the investigation in the matter is also pending u/s 306 of IPC. I, without expressing any opinion of merit of the case, do feel inclined to grant indulgence of bail to the Applicant.

Accordingly, the bail application is allowed, it is directed that Applicant Sant Lal S/o Dungar Ram Soni, shall be released on bail in FIR No. 175/2011 at P.S. Suratgarh, District Sri Ganganagar provided he executes a personal bond for a sum of Rs. 50,000/- along with two sound and solvent sureties in the sum 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.