Dhanbai W/O Harmukh vs State Of Rajasthan
2021 Latest Caselaw 6177 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

  S.B. Criminal Miscellaneous II Bail Application No. 17886/2021
 Dhanbai W/o Harmukh, Aged About 62 Years, R/o Sint, P.S.
 Mahwa, Dist Dausa (At Present Accused Confined In Central Jail
 Dausa).
                                                        ----Accused-Petitioner
                                    Versus
 State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s)         :    Mr. Shivraj Chauhan
For Respondent(s)         :    Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

29/10/2021 The present second bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No. 614/2020 registered at Police Station Mahuwa,

District Dausa for the offence under Section(s) 302, 201 and

120-B of I.P.C.

Learned counsel for the petitioner submits that he withdrew

the bail application in view of the status report furnished by SHO

Police Station Mahuwa, District Dausa showing pending trial

against her under Section 498-A and 304-B IPC arising out of FIR

No.79/2011 whereas, she stood acquitted therein by the learned

Additional Sessions Judge, Bandikui Camp Mahuwa, Distirct Dausa

vide judgment dated 08.02.2013.

Learned counsel submits that the material on record reveals

that allegation of murder of deceased Guddi @ Durga @ Geeta is

against co-accused and not against her. He submits that allegation

against her does not travel beyond the scope of Section 201 IPC.

(2 of 2) [CRLMB-17886/2021]

He submits that the petitioner is in custody since 06.09.2020,

charge sheet has been filed, trial of the case will take time and

prays for her release on bail.

Learned Public Prosecutor has opposed the second bail

application.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, the nature of allegation against

her, her length of custody, the material available in the charge

sheet and the judgment dated 08.02.2013 passed in sessions case

no. 11/2012 whereby she has been acquitted from the charges

levelled against her in the criminal case arising out of FIR

No.79/2011; but, without expressing any opinion on the merits of

the case, this Court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the second bail application is allowed and it is

directed that accused-petitioner Dhanbai W/o Harmukh shall be

released on bail under Section 439 Cr.P.C. in connection with

afore-mentioned FIR registered at concerned Police Station,

provided she furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial Court with the stipulation that she shall

comply with all the conditions laid down under Section 437(3)

Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

MADAN/223

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