Sushila Kanwar vs State Of Rajasthan
2021 Latest Caselaw 4752 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2548/2021

1. Sushila Kanwar W/o Shri Kushal Singh, Aged About 56 Years, Village Jodhasar, Police Station Seruna, District Bikaner. (Presently Lodged In Central Jail Bikaner).

2. Narendra Singh S/o Shri Kushal Singh, Aged About 25 Years, Village Jodhasar, Police Station Seruna, District Bikaner. (Presently Lodged In Central Jail Bikaner).

----Petitioners Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. OP Sangwa
                               Mr. Bherulal Jat
For Respondent(s)        :     Mr. AR Choudhary, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

19/02/2021

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.79/2020 of

Police Station Seruna District Bikaner for the offences punishable

under Sections 498-A, 304-B and 302 IPC. They have preferred

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

Learned counsel for the petitioner has submitted that the

police have filed charge-sheet against the petitioner for the

offence punishable under Sections 498-A, 304-B IPC, on the basis

of allegations levelled by the complainant in the FIR as well as in

his police statements. It is submitted that the police have also

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relied upon the statements of wife of the complainant and other

witnesses. It is also submitted that now the statements of parents

of the deceased and other relatives have been recorded as PWs- 1

to 4, they have not supported prosecution story and turned

hostile. It is argued that the important witnesses have not

supported the prosecution story and turned hostile, it would be

very difficult for the prosecution to prove the guilt of the

petitioner.

Learned Public Prosecutor has 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

petitioners under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners Sushila Kanwar

W/o Shri Kushal Singh and Narendra Singh S/o Shri Kushal Singh,

shall be released on bail in connection with FIR No.79/2020 of

Police Station Seruna, District Bikaner provided each of them

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 his 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/77-

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