IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6218//2009
Ram Narain vs. State of Rajasthan
with
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6217/2009
Bhoori Devi vs. State of Rajasthan
Dated : 01.09.2009
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Ashvin Garg, for the petitioners.
Mr. Amit Poonia, Public Prosecutor for the State.
Since both the aforesaid petitions filed under Section 439 of Cr.P.C., arise out of and pertain to FIR No. 64/2009 of police station Malpura, District Tonk registered in the offences under Sections 306 and 498-A of IPC, they are being disposed of by this common order.
2. Heard the learned counsel for the petitioners and learned Public Prosecutor appearing for the State and perused the material on record.
3. Learned counsel for the petitioners has canvassed that Smt. Dhanni Devi committed suicide and finished life of her own on 19.03.2009. The mother, father and other members of the family of the deceased Dhanni Devi gave in writing on the very day to the Station House Officer, police station Malpura that they had no suspicion about the cause of her death and the petitioners were not liable for her death. The matter was inquired into under Section 174 and 176 by the police as also by the Executive Magistrate but nothing emerged therein against the petitioners. It is after 36 days of the death of Dhanni Devi her parents lodged a private complaint in the court which was sent for investigation under Section 156(3) of Cr.P.C. and the police in connivance with the complainant party, has roped in all the members of the family. The petitioners have been falsely implicated whereas, they are totally innocent, as such, they may be granted indulgence of bail.
4. Superintendent of Police, Tonk, Circle Officer, Malpura, and Station House Officer, police station Malpura were called in this case so as to explain as to what were the circumstances which led them to file the charge-sheet in the court against the petitioners in spite of there being no evidence emerging during the inquiry under Section 174 of Cr.P.C.
5. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the offence under Section 306 of IPC is of grave nature. The parents of the deceased remained silent because of the reason that one more daughter of the complainant also married in the same house. They did not take any action against the petitioners because they thought that their action could go against the surviving daughter, so they remained silent. He has further contended that there is ample evidence on record against the petitioners and their bail petition may be dismissed.
6. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances in totality, deem it just and proper to grant bail to the accused petitioners.
7. It is, therefore, ordered that the accused petitioners namely Ram Narain S/o. Devkaran; Bhoori Devi W/o. Devkaran in FIR No. 64/2009 of police station Malpura, District Tonk, shall be released on bail on furnishing a personal bond of Rs.50,000/-together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.
(MAHESH BHAGWATI),J.
Mak/-
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