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Badhu Devi vs State Of Rajasthan on 13 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8753/2018
Badhu Devi W/o Sh. Bhanwargar, Aged About 42 Years, B/c
Goswami, R/o Sherpur, P.S. Jamsar, Bikaner (Raj) (Presently
Lodged At Central Jail Bikaner)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Kaushal Gautam
For Respondent(s) : Mr. AS Rathore, PP

HON’BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

13/09/2018

The petitioner has been arrested in connection with FIR

No.64/2017 of Police Station Mahajan, Bikaner for the offence

punishable under Sections 498A, 304B, 302/34 IPC. She has

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

The first bail application was dismissed by this Court on

07.12.2017.

Counsel for the petitioner submits that the complainant,

father of the deceased, has been examined as PW-1 before the

trial court and the other material witnesses have also been

examined before the trial court and they all declared hostile. There

is no other connecting evidence against the petitioner. The

accused-petitioner is in judicial custody and the trial of the case

will take sufficient long time to be concluded. Therefore, the

benefit of bail should be granted to the accused-petitioner.

(2 of 2) [CRLMB-8753/2018]

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, 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 second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Badhu Devi W/o

Sh. Bhanwargar shall be released on bail in connection with FIR

No.64/2017 of Police Station Mahajan, Bikaner provided she

executes a personal bond in a sum of Rs.1,00,000/- with two

sound and solvent sureties of Rs.50,000/- 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/-104

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