Umesh alias Banti vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.

Contention of the learned Counsel for petitioner is that the entire evidence that has come on record as per the statements of neighbours i.e. Prem Devi, Praveen Kumar and Chandra Shekhar is that there was dispute between the mother-in-law i.e. mother of the petitioner and the deceased, wife of the petitioner. The allegation of demand of dowry is also merely directed against the mother-in-law and it has come in evidence that father of the petitioner i.e. Badan Singh used to mediate between the two. The petitioner was a driver on a vehicle which was seized by the Election Department of the State Government and in that connection, he had remained posted on election duty from 31/1/2010 to 30/3/2010 wherefrom, he was released at 11.30 a.m. A certificate was duly issued in this regard by the election officer which was given to the investigating officer. The entire evidence is against the mother-in-law. From the investigation made by the investigating agency, it has clearly been shown that petitioner was not present at the place of occurrence when the unfortunate incident took place and petitioner was away from the house for last eight days. He was arrested on 7/5/2010 and since then he is in jail. Investigation as far as this case is concerned, is complete. No more recovery is to be made at the instance of the petitioner. It is also contended that petitioner produced number of documents to show that he was actually taking care of his wife in giving her medical treatment when she delivered two premature babies one after another. There is no other criminal case previously registered against the petitioner.

Learned Public Prosecutor has opposed the bail application.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.

In the result, this bail application u/s 439 Cr.P.C. is allowed and it is directed that petitioner - Umesh alias Banti S/o Shri Badan Singh shall be released on bail in FIR No. 20/2010 P.S. Nagar, District Bharatpur for offence Under Sections 498A and 304B IPC on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.