HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 278 / 2018
Savitri Devi W/o Hawa Singh @ Singaram, Aged About 48 Years,
By Caste Jaat, Resident of Kanau Village, Tehsil- Bhadra, District-
Hanumangarh (Rajasthan). (At Present Lodged in District Jail –
The State of Rajasthan
For Petitioner(s) : Ms. Archana Joshi
For Respondent(s) : Mr. Ashok Upadhayay, PP
For Complainant(s): Mr. RS Choudhary
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
The petitioner has been arrested in connection with FIR No.
120/2017 of Police Station Gogamedi, District Hanumangarh for
the offence punishable under Sections 304B and 498A of IPC. she
has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that this is purely a case
of accident in presence of so many witnesses, which shows that on
the day of accident husband and deceased both went on a moter-
cycle and all of a sudden due to accident the deceased received
head injury and expired. This version is corroborated with the
finding of the Investigating Officer who also found that this is a
case of accident.
(2 of 2)
On the other hand learned Public Prosecutor as well as
counsel for the complainant argued that this is a case of dowry
death and according to the statement of Smt. Ramdai. She
received a telephone call to the effect the accused person
harassed her for demand of dowry. So bail should not be gratned
at this stage. I have considered the arguments advanced before
the court. There is omnibus statement against the present
petitioner and no specific role was assigned. The present
petitioner is a lady and challan of the case has already been filed.
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.
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 bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Savitri Devi W/o Hawa
Singh @ Singaram shall be released on bail in connection with FIR
No. 120/2017 of Police Station Gogamedi, District Hanumangarh
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.