Smt Chhoti Devi vs State on 10 October, 2017

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
__
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/

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