LAWS(RAJ)-2023-1-240

GUL MOHAMMED Vs. STATE OF RAJASTHAN

Decided On January 24, 2023
Gul Mohammed Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with C.R. Case No.79/2022, registered at Police Station RGT Nagar (Barmer), for offences punishable under Ss. 498A, 306 IPC. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner submitted that petitioner and deceased were married since 2010. Learned counsel further submitted that from perusal of the FIR and challan it would reveal that the petitioner has not abetted deceased to commit suicide and the allegations levelled against the petitioner are false and fabricated. Challan has already been filed. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner.

(2.) On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

(3.) Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, 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 Gul Mohammed @ Gulsan @ Razak S/o Barkat Khan arrested in connection with C.R. Case No.79/2022, registered at Police Station RGT Nagar (Barmer) shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 (Rupees Fifty Thousand) and two sureties of Rs.25,000.00 (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.