HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State Of Rajasthan, Through Pp
For Petitioner(s) : Mr. Kaushal Gautam
For Respondent(s) : Mr. AS Rathore, PP
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
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
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
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