Teerthraj vs State of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 169/2019, Police Station Pachpadra, District Barmer for the offences under Sections 498-A & 304-B of I.P.C.

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

Learned counsel for the petitioner submits that the petitioner was counselling the deceased for not talking to one Anil Dangi. The deceased was having constant telephonic conversation with Anil Dangi. The petitioner and the whole family objected to the same but the same was resisted by the deceased and she continued to talk with the said person. Learned counsel further submits that at the time of the alleged incident, the petitioner was at his medical shop and therefore, the allegations of inflicting burn injuries are false and baseless. He further submits that similar allegations were levelled against the co-accused Naresh, who has already been enlarged on bail by this Court vide Order dated 13.12.2019. The allegations against the present petitioner and the co-accused Naresh are similar in nature and therefore, the petitioner is also entitled for enlargement on bail. He further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. Therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor supported by learned counsel for the complainant vehemently oppose the bail but they are unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused who has 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 co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for grant of bail under Section 439 of Cr.P.C.

Consequently, the bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Teerthraj S/o Shri Madaram Garg arrested in connection with F.I.R. No. 169/2019, Police Station Pachpadra, District Barmer 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.