Smt Hakri Devi vs State on 23 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4446 / 2017
Smt. Hakri Devi W/o Shri Tejpal Darangi,, Aged About 37 Years,
R/o-Som, P.S. Phalasiya, Distt. Udaipur. (Presently Lodged in
Central Jail, Udaipur).

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr.Deepak Menaria.
For Respondent(s) : Mr.A.S.Rathore, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
23/05/2017

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.18/2017, P.S. Phalasiya, District Udaipur, for the offences

under Sections 498A and 306 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the Challan papers particularly the dying

declaration of the deceased Smt.Radha Devi. In such statement,

the deceased stated that the petitioner used to quarrel with her

and also abused her on a few occasions. She became perturbed

thereby and consumed a poisonous tablet.

The argument advanced by the petitioner’s counsel that the

ingredients of abetment are missing in the case at hand carries

force.

(2 of 2)
[CRLMB-4446/2017]

Thus, having regard to the entirety of facts and

circumstances as available on record and considering the fact that

the petitioner is a woman, this Court is of the opinion that the

petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Smt. Hakri Devi arrested in

connection with F.I.R. No.18/2017, P.S. Phalasiya, District Udaipur

shall be released on bail; provided she furnishes a personal bond

of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(SANDEEP MEHTA)J.

/tarun goyal/
Sr.P.A

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