Suresh Kumar S/o Vijendra Singh vs The State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor as well as learned counsel for the complainant. Perused

the material available on record.

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.160/2015, Police Station Dangiawas, District

Jodhpur for the offence under Section 302 IPC.

Learned counsel Mr.Sharma representing the petitioner urges

that ex-facie the parcha bayan of deceased Smt.Kuki Devi is not

credible and believable. In order to butress this contention, he

places reliance on the statement of PW4 Natha Ram, brother of

deceased who, upon being examined on oath before the trial Court

admitted that the petitioner being the husband of Smt.Kuki Devi

never misbehaved with her. A complaint was made that the

deceased was talking to one Ladu Ram and when asked to refrain,

she used to threaten that she would commit suicide. Natha Ram

and other persons came to the petitioner''s village on the day of

incident i.e. 19.11.2015 where a Panchayat was called at the

instance of the petitioner. The Panchayat asked Smt.Kuki Devi to

refrain from talking to Ladu Ram. Just after the witness had left

the village of petitioner, he received a call that Smt.Kuki Devi had

burnt herself. He urges that in his cross examination, the witness

admitted that when the deceased was in the hospital, she told him

that Suresh Kumar had insulted her by calling the Panchayat and

thus, she felt outraged and poured kerosene and set fire to

herself. He thus urged that ex-facie the parcha bayan cannot be

believed and the petitioner deserves to be released on bail.

Per contra, learned P.P. as well as learned counsel for the

complainant oppose the submissions advanced by the petitioner''s

counsel. Shri Surana, learned counsel for the complainant had no

option but to concede that Natha Ram being the brother of the

deceased has virtually supported the stand of the accused that the

deceased committed suicide on being enraged by the panchayati

called at the instance of the petitioner.

Expression of any opinion on the merits/demerits of the

prosecution case is likely to prejudice the case at the trial but

having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the Bar, this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner, Suresh Kumar arrested in connection

with F.I.R. No.160/2015, Police Station Dangiawas, District

Jodhpur 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.