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Smt Kamla vs State on 23 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 1274 / 2018
Smt. Kamla Wife of Shri Tarachand, Aged About 55 Years, By
Caste Paliwal, Resident of House No. 11/56, Chopasani Housing
Board, Jodhpur. (At Present Lodged in Central Jail, Jodhpur)

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Vineet Jain
For Respondent(s) : Mr. AS Rathore, PP
For Complainant : Mr. Manas Khatri
__
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/02/2018

The petitioner has been arrested in connection with FIR

No.289/2017 of Police Station Chopasani Housing Board, Jodhpur

for the offence punishable under Sections 498A and 304B IPC. She

has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that in the FIR whole

family members were involved by the complainant with the

allegation of demand of dowry and harassment to the deceased.

The petitioner is a lady and no specific role has been assigned to

her. In these circumstances, the bail may be granted to the

petitioner.

Per contra, the learned counsel for the complainant submits

that independent witness specifically named the present petitioner
(2 of 2)
[CRLMB-1274/2018]

as well as husband of the deceased, therefore, at this stage, bail

should not be granted.

I have considered the arguments advanced by the learned

counsel for the parties.

Taking into consideration the facts that the petitioner is a

lady and no specific role has been assigned to her and she is in

judicial custody and the trial of the case will take sufficient long

time to be concluded, without expressing any opinion on the

merits of the case, I deem it just and proper to grant bail to the

accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Smt. Kamla Wife of Shri

Tarachand shall be released on bail in connection with FIR

No.289/2017 of Police Station Chopasani Housing Board, Jodhpur

provided she executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for her appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(MANOJ KUMAR GARG)J.

Ms/-62

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