HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 6781 / 2017
Smt Chhoti Devi Wife of Ghewar Ram, Aged About 42 Years, By
Caste Meghwal, Resident of Laxmanpura, Dholasar, Jamba Police
Station, District Jodhpur. (Lodged in Central Jail, Jodhpur)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
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For Petitioner(s) : Mr. B.S.Rathore
For Respondent(s) : Mr. A.S.Rathore, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
10/10/2017
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in connection
with F.I.R. No.11/2017, Police Station Jamba, Dist. Jodhpur, for
the offences under Sections 498A, 304B, 302 and 201 IPC and
U/s. 3/4 of Dowry Prohibition Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material on record.
The prosecution has come out with a specific case that the
accused Lichhman Ram murdered his wife Smt. Samta and 1 ½
years daughter Saroj by strangulating them. The said allegation is
duly corroborated by the post mortem reports. As against the
petitioner, who happens to be mother of the principal accused
(2 of 2)
[CRLMB-6781/2017]
Lichhman Ram there is no direct evidence so as to connect her
with the alleged offence of murder.
Learned P.P. points out from the case diary that the main
accused Lichhman Ram also confessed to his guilt during
investigation.
Having regard to the entirety of facts and circumstances as
available on record and considering the fact that there is no direct
evidence of murder against the petitioner who is a woman, this
Court is of the opinion that she deserves to be released on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Smt. Chhoti Devi arrested in
connection with F.I.R. No.11/2017 P.S. Jamba, Dist. Jodhpur 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.
/sushil/
