HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 17886/2021
Dhanbai W/o Harmukh, Aged About 62 Years, R/o Sint, P.S.
Mahwa, Dist Dausa (At Present Accused Confined In Central Jail
Dausa).
----Accused-Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Shivraj Chauhan For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 29/10/2021 The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 614/2020 registered at Police Station Mahuwa, District Dausa for the offence under Section(s) 302, 201 and 120-B of I.P.C.
Learned counsel for the petitioner submits that he withdrew the bail application in view of the status report furnished by SHO Police Station Mahuwa, District Dausa showing pending trial against her under Section 498-A and 304-B IPC arising out of FIR No.79/2011 whereas, she stood acquitted therein by the learned Additional Sessions Judge, Bandikui Camp Mahuwa, Distirct Dausa vide judgment dated 08.02.2013.
Learned counsel submits that the material on record reveals that allegation of murder of deceased Guddi @ Durga @ Geeta is against co-accused and not against her. He submits that allegation against her does not travel beyond the scope of Section 201 IPC. (Downloaded on 29/10/2021 at 10:38:25 PM)
(2 of 2) [CRLMB-17886/2021] He submits that the petitioner is in custody since 06.09.2020, charge sheet has been filed, trial of the case will take time and prays for her release on bail.
Learned Public Prosecutor has opposed the second bail application.
Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against her, her length of custody, the material available in the charge sheet and the judgment dated 08.02.2013 passed in sessions case no. 11/2012 whereby she has been acquitted from the charges levelled against her in the criminal case arising out of FIR No.79/2011; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the second bail application is allowed and it is directed that accused-petitioner Dhanbai W/o Harmukh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided she furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J MADAN/223 (Downloaded on 29/10/2021 at 10:38:25 PM) Powered by TCPDF (www.tcpdf.org)