Smt. Bhanwari Devi vs State Of Rajasthan-State
2021 Latest Caselaw 9594 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6950/2021

1. Smt. Bhanwari Devi W/o Sh. Ratan Lal, Aged About 45 Years, resident of Guda Chutra, P.S. Bagdi Nagar, Dist. Pali (Presently Lodged At Sub Jail, Sojat).

2. Smt. Kiran W/o Sh. Dinesh, Aged About 21 Years, resident of Guda Chutra, P.S. Bagdi Nagar, Dist. Pali (Presently Lodged At Sub Jail, Sojat).

----Petitioners

Versus

State Of Rajasthan-State, Through Pp

----Respondent

For Petitioner(s) : Mr. Suresh Kumbhat, through V.C.

Mr. Sheetal Kumbhat, through V.C.

For Respondent(s) : Mr. Mukesh Trivedi, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

27/05/2021

Heard learned counsel for the petitioners and perused the case

file as well as material available on record.

The present bail application has been filed under Section 439

Cr.P.C. The petitioners have been arrested in connection with CR

No.08/2021, Police Station Bagdi Nagar, District Pali, for the offences

punishable under Sections 143, 302, 201/120B of Indian Penal Code.

Learned counsel for the petitioners submits that there is no

direct evidence against the petitioners and there is no eye witness or

evidence of last seen and no recovery was made from the present

petitioners. Similarly situated co-accused Pappu Ram S/o Sh. Rugha

Ram has already been enlarged on bail by this Court and the case of

present petitioners is similar to that of the co-accused. Counsel

(2 of 2) [CRLMB-6950/2021]

further submits that the challan of the case has already been

presented. The accused-petitioners are in judicial custody and the

trial of the case will take sufficient long time to be concluded.

Therefore, the benefit of bail should be granted to the accused-

petitioners.

Learned Public Prosecutor vehemently opposed the bail

application.

Having regard to the totality of the facts and circumstances of

the case including the fact that the rope was recovered from co-

accused Banwari Lal and Dinesh, no recovery was made from the

present petitioners, and looking to the fact that both the petitioners

are ladies I deem it just and proper to grant bail to the accused

petitioners under Section 439 Cr.P.C.

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

allowed and it is directed that petitioners (1) Smt. Bhanwari Devi

W/o Sh. Ratan Lal & (2) Smt. Kiran W/o Sh. Dinesh shall be released

on bail in connection with CR No.08/2021, Police Station Bagdi

Nagar, District Pali, provided they execute a personal bond in the

sum of Rs.1,00,000/- each with two sound and solvent sureties in

the sum of Rs.50,000/- each to the satisfaction of learned trial court

for their appearance before that court on each and every date of

hearing and whenever called upon to do so till the completion of the

trial.

(MANOJ KUMAR GARG),J 72-Prashant/-

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