Citation : 2023 Latest Caselaw 5317 Raj/2
Judgement Date : 26 September, 2023
[2023:RJ-JP:24910]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
8495/2023
Nirmala W/o Arjun Lal, Aged About 32 Years, R/o Ramnagar
Bhugor, Police Station Sadar, District Alwar (Raj.) (At Present
Accused Petitioner Confined Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Mr. Chandragupt Chopta
HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order
26/09/2023
1. This second bail application has been filed by the petitioner
under Section 439 Cr.P.C.
2. F.I.R. No.272/2023 was registered at Police Station Sadar
Alwar, District Alwar for the offence under Sections 323, 341, 379,
302 IPC.
3. Counsel for the petitioner submits that the first bail
application was rejected when the investigation was under
progress. Now, after investigation, charge-sheet has been filed
against the petitioner and there is no cogent evidence to connect
the petitioner with the alleged crime. Counsel further submits that
the petitioner is a woman and is suffering from neurological
problem for which she is undergoing the treatment and during the
custody she has also been referred to S.M.S. Hospital, Jaipur.
[2023:RJ-JP:24910] (2 of 2) [CRLMB-8495/2023]
Counsel has placed on record the documents related to her
treatment. Counsel for the petitioner further submits that the
petitioner is behind the bars since 04.04.2023 and conclusion of
trial of the case is likely to take long time, therefore, the petitioner
may kindly be enlarged on bail.
4. Learned Public Prosecutor has vehemently opposed the
second bail application.
5. After rejection of the first bail application, the investigation
agency has completed the investigation and has filed the charge-
sheet for offence under Section 306 of IPC alongwith other
offences.
6. Taking into consideration that the investigation has
completed and the petitioner is suffering from neurological
problem and she is a woman, this Court deems it just and proper
to enlarge the petitioner on bail.
7. This second bail application is, accordingly, allowed and it is
directed that accused-petitioner shall be released on bail provided
she furnishes a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) together with two sureties in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) each to the
satisfaction of the trial Court with the stipulation that she shall
appear before that Court and any Court to which the matter be
transferred, on all subsequent dates of hearing and as and when
called upon to do so.
(GANESH RAM MEENA),J ARTI SHARMA /1
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