Baja Devi vs State
2021 Latest Caselaw 6580 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 12126/2020

Baja Devi W/o Shri Bansi Ram, Aged About 32 Years, R/o Bagariyon Ki Dhani, Padampura, Sargoth, Tehsil Kuchaman City, District Nagaur, Rajasthan.

(Petitioner Lodged In Central Sub-Jail, Parbatsar, District Nagaur).

----Petitioner Versus State of Rajasthan through the Public Prosecutor

----Respondent

For Petitioner(s) : Mr. M.A. Siddiqui Mr. Sikandar Khan For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/03/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.138/2018 of

Police Station Kuchaman City, District Nagaur for the offences

punishable under Sections 332/34, 353/34, 323/34, 427/34,

302/34 and 307/34 IPC. She has preferred this second bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner is a lady and is in jail since June 2018. It is further

submitted that the trial against the petitioner is still pending and

there is no likelihood that the trial is going to be completed soon.

(2 of 2) [CRLMB-12126/2020]

It is also submitted that only the chief examination of three

prosecution witnesses have been completed so far.

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

petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner - Baja Devi W/o

Shri Bansi Ram shall be released on bail in connection with FIR

No.138/2018 of Police Station Kuchaman City, District Nagaur

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

Abhishek Kumar S.No.5

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