Sunita vs State
2021 Latest Caselaw 11316 Raj

Citation : 2021 Latest Caselaw 11316 Raj
Judgement Date : 22 July, 2021

Rajasthan High Court - Jodhpur

Sunita vs State on 22 July, 2021

Bench: Sanjeev Prakash Sharma

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9340/2021

1. Sunita W/o Jaggi @ Jagseer Singh, Aged About 48 Years, Village Indergarh, P.s. Sangaria, Dist. Hanumangarh (Raj.).

2. Karamjeet Kour @ Babbu W/o Gulla @ Richhpal Singh, Aged About 30 Years, Village Indergarh, Ps Sangaria, Dist. Hanumangarh (Raj.).

----Petitioners Versus State, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9341/2021 Sagna @ Jagdeep Singh S/o Ajayab Singh, Aged About 24 Years, Village Indergarh, P.s. Sangaria, Dist. Hanumangarh (Raj.).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Bhoop Singh For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

22/07/2021

These bail applications have been filed under Section 438

CrPC. in connection with FIR No.33/2021 registered at Police

Station Sangaria, District Hanumangarh for the offences under

Section 304, 336 & 143 of IPC whereupon the investigation was

commenced. Apprehending their arrest, the petitioners moved

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these bail applications before the court below, which were

dismissed. Hence, these bail applications have been filed.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioners has taken this court to

the order passed by the co-ordinate Bench dated 09.04.2021 in

S.B. Criminal Miscellaneous Bail Application

No.3375/2021 : Jaggi @ Jagseer Singh & Ors. Versus State

of Rajasthan and another connected matter in relation to the

similarly placed other persons who have already been granted bail

by the Co-ordinate Bench of this Court and submits that the case

of the petitioners cannot be distinguished from that of the other

co-accused.

I have considered the submissions.

A co-ordinate Bench of this court while granting bail has

observed as under:-

"The allegation of the prosecution as against the petitioners is that they quarreled with the deceased Hardeep Kaur, and that she was strangled to death. Learned counsel for the petitioners urged that as a matter of fact, a procession was going, as a result whereof, dust blew from ground, which entered the lungs of the deceased, which caused shock and she expired by a cardiac attack. Learned counsel urged that as per the postmortem report all internal organs of the deceased were found to be healthy and the cause of death could not be ascertained. They, thus, urged that the petitioners deserve indulgence of bail in this case. Learned Public Prosecutor, vehemently and fervently opposed the submissions advanced by the learned

(3 of 4) [CRLMB-9340/2021]

counsel for the petitioners. However, he too does not dispute the fact that the petitioners had no motive whatsoever to beat or kill the deceased lady. As per the postmortem report dated 26.01.2021, not a single injury was found on the body of the deceased and the cause of death has not been clarified and has been kept pending as the Hystopathological report is awaited. The Investigating Officer has toned down the case from the offence under Section 302 IPC to304 IPC. In this background and having regard to the entirety of the facts and circumstances of the case, I am inclined to grant indulgence of bail to the petitioners."

Keeping in view above and taking into consideration that out

of these three petitioners, two are ladies and one is male and

there is no different role assigned to the petitioners but without

commenting further on merits, these bail applications filed under

Section 438 CrPC are allowed and it is directed that in the event of

arrest of petitioners (1) Sunita W/o Jaggi @ Jagseer Singh,

(2) Karamjeet Kour @ Babbu W/o Gulla @ Richhpal Singh,

& (3) Sagna @ Jagdeep Singh S/o Ajayab Singh, in the

aforesaid FIR, they shall be released on bail by the concerned

SHO/Investigating Officer, provided each of them furnishes a

personal bond in the sum of Rs. 20,000/- with two sureties each

of the like amount to their satisfaction on the following conditions:

i) That the petitioners shall make themselves available for interrogation by a police officer, as and when required;

ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the court or to any police officer;