Shrawan Ram vs State, Through P.P.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.52/2019, Police Station Luni, District Jodhpur for the offences under Sections 498A, 304B & 302/34 IPC.

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

Learned Senior Counsel has submitted that there are omnibus allegations against petitioner and other co-accused persons, who are mother-in-law, sister-in-law and father-in-law. It is further submitted that there is no evidence that the petitioner ever harassed the deceased for demand of dowry soon before her death. Learned counsel has also stated that charge-sheet has already been filed in the matter. Lastly, it is submitted that co-accused Smt. Meera Devi and Prema Ram with one Ms. Amita have been enlarged on bail by this Court vide orders dated 12.12.2019 and 20.11.2019, respectively, and case of the petitioner is not distinguishable from the case of co-accused, therefore, petitioner may also be given indulgence by enlarging him on bail.

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Shrawan Ram S/o Sri Prema Ram, arrested in connection with F.I.R. No.52/2019, P.S. Luni, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.