Sumitra vs State
2021 Latest Caselaw 19479 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15995/2021

Sumitra W/o Lt. Sh. Dhimaram, Aged About 28 Years, B/c Vishnoi, R/o Sukhlav Nagar, Hingoli P.s. Bhopalgarh, Dist. Jodhpur (Presently Lodged At Central Jail, Jodhpur).

                                                                    ----Petitioner
                                     Versus
State, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. RK Bishnoi
For Respondent(s)          :     Mr. SK Bhati, PP
                                 Mr. Amardeep Lamba, for the
                                 complainant.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

20/12/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.230/2021 of

Police Station Bhopalgarh District Jodhpur for the offences

punishable under Sections 306, 323, 201/34 IPC. She has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation against the petitioner of instigating the deceased to

commit suicide is absolutely false. It is argued that as a matter of

fact that husband of the petitioner died an accident around six or

seven months before, on account of that, her mother-in-law went

in depression and she committed suicide in that situation. It is

(2 of 2) [CRLMB-15995/2021]

also submitted that there is no evidence of instigating the

deceased to commit suicide on the part of the petitioner. It is

further submitted that charge-sheet has been filed and trial of the

case will take time.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Sumitra W/o Lt. Sh.

Dhimaram shall be released on bail in connection with FIR

No.230/2021 of Police Station Bhopalgarh District Jodhpur

provided she executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for her appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

SURABHII/60-

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