Prem Devi @ Pemli vs State
2021 Latest Caselaw 8344 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3604/2021 Prem Devi @ Pemli W/o Pukharam @ Pukhraj, Aged About 30 Years, B/c Meghwal, R/o Ramdev Nagar, Harlaya, P.s. Matoda, Dist. Jodhpur. (At Present Lodged At Jail, Jodhpur).

----Petitioner Versus State, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3603/2021 Smt. Oma @ Ugi W/o Sh. Madaram @ Madanlal @ Madanram, Aged About 25 Years, B/c Meghwal, R/o Ramdevnagar, Harlaya, P.s. Matoda, Dist. Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Kaushal Sharma Mr. Chandrasen Rathore For Respondent(s) : Mr. Laxman Solanki, PP For Complainant(s) : Mr. Lekha Ram Bishnoi

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

25/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioners have been arrested in FIR No.196/2020 of

Police Station Matoda District Jodhpur for the offences punishable

under Sections 302, 201 and 34 IPC. They have preferred these

bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that co-

accused Pintu has already been enlarged on bail and the case of

the petitioners is not distinguishable from that of co-accused.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed these bail applications, however, they

are not in a position to dispute the fact that similarly situated co-

accused Pintu has been enlarged on bail by this Court vide order

dated 03.03.2021 while taking into consideration the fact that

witnesses Mishri Lal (PW-1) and Dama Ram (PW-2) have not

supported the prosecution story and turned hostile.

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, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Prem Devi @

Pemli W/o Pukharam @ Pukhraj and Smt. Oma @ Ugi W/o Sh.

Madaram @ Madanlal @ Madanram shall be released on bail in

connection with FIR No.196/2020 of Police Station Matoda District

Jodhpur (Rural) 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/44-45-

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