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
