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Judgment
27 paragraphs · 261 wordsHeard learned counsel for the petitioner and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the case diary.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.35/2017, registered at Police Station
Aaspur, Dist. Dungarpur for the offences under Sections 498A, 406
and 304B IPC.
There is available on record the dying declaration of
Smt.Pooja recorded by the Executive Magistrate, Ahmedabad. In
such statement all that was alleged is that the petitioner was
having extra marital affairs due to which deceased was perturbed
and often used to suffer from giddiness and vertigo. On the fateful
day, she started suffering from vertigo while cooking food and fell
down on the stove resulting into burn injuries.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Shailesh Kumar
arrested in connection with the F.I.R. No.35/2017, registered at
Police Station Aaspur, Dist. Dungarpur shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- each to the satisfaction of the learned
trial court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.