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Savitri Devi vs State on 19 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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 –
Hanumangarh)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
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
Order
19/02/2018

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)
[CRLMB-278/2018]

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.

Hanuman/3

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