Smt. Kailashi vs State Of Rajasthan
2021 Latest Caselaw 8900 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4605/2021

Smt. Kailashi W/o Shri Suresh Chandra, Aged About 40 Years, R/o Sardargarh, P.s. Aamet, District Rajsamand. (Presently Lodged At Rajsamand)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

06/04/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.65/2021, Police Station Aamet, District Rajsamand for

offence under Section 304 IPC.

Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the material available on record.

The petitioner is a woman. As per the allegations set out in

the FIR, the petitioner and the deceased Smt. Chandi Bai

quarreled with each other owing to a land dispute. In this quarrel,

the petitioner allegedly pushed Chandi Bai who fell down and

thereby expired. Be that as it may, neither in the FIR nor in order

rejecting bail, is it mentioned that the petitioner was armed at the

time of incident. The offence under Section 304 of the IPC is

punishable with imprisonment for ten years.

(2 of 2) [CRLMB-4605/2021]

In this background and having regard to the facts and

circumstances available on the record, but without expressing any

opinion on the merits of the case and more particularly keeping in

view the fact that the petitioner is a woman, this Court is of the

opinion that she deserves sympathetic consideration for bail in

view of proviso to Section 437 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that the accused-petitioner Smt. Kailashi W/o Shri Suresh Chandra

arrested in connection with the F.I.R. No.65/2021 registered at

Police Station Aamet, District Rajsamand shall be released on bail

provided she furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- 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.

(SANDEEP MEHTA),J 42-Sudhir Asopa/-

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