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Smt Keku Devi vs State on 1 May, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2666 / 2018
Smt. Keku Devi W/o Sh. Uga Ram, By Caste Prajapat, R/o Village
Khiya, Police Station Mohangarh, Presently Residing At Gafur
Bhatta, Jaisalmer (Lodged in Central Jail, Jodhpur)

—-Petitioner
Versus
State of Rajasthan Through Public Prosecutor.

—-Respondent
__
For Petitioner(s) : Mr. Muktesh Maheshwari
For Respondent(s) : Mr. Rajesh Bhati, P.P., for the State
For Complainant : Mr. L.D. Khatri
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
01/05/2018

Accused-petitioner has preferred this second bail application

under Section 439 Cr.P.C., arising out of FIR No.14/2017 of Mahila

Police Station, Jaisalmer, for offence under Sections 498A 304B

IPC.

The first bail application bearing No.4460/2017, jointly filed

on behalf of petitioner with her husband Uga Ram, was dismissed

as not pressed on 04.07.2017 with liberty to file fresh after

recording statement of complainant-Kailash.

Arguing on this second bail application, it is submitted by

learned counsel that during trial now statements of Kailash-

complainant (PW2) have been recorded. It is also submitted by

learned counsel that, in the FIR, there are general allegations

against petitioner and her husband Uga Ram of demanding dowry
(2 of 3)
[CRLMB-2666/2018]

from deceased daughter-in-law and harassing her for demand of

dowry. It is also submitted by learned counsel that Uga Ram has

been enlarged on bail by learned Sessions Judge, Jaisalmer, while

considering his second bail application. It is also submitted that

petitioner is a woman, who is in custody for last more than a year

and conclusion of trial is likely to take considerable time,

therefore, in that background, her bail plea merits favourable

consideration.

Per contra, learned Public Prosecutor has opposed the

second bail application of the petitioner. Learned Public Prosecutor

submits that looking to the serious delinquencies attributed to the

petitioner, her second bail is liable to be nixed.

Mr. Khatri, learned counsel appearing for the complainant,

has vehemently opposed the bail application. It is argued by Mr.

Khatri that though Uga Ram husband of the petitioner has been

enlarged on bail by Sessions Judge but complainant has moved a

petition before this Court for cancellation of bail.

I have bestowed my consideration to the arguments

advanced at the Bar.

Having regard to the facts and circumstance and considering

the status of the petitioner as woman, I feel persuaded to accept

this second bail application.

Accordingly, this second bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-petitioner, Smt.

Keku Devi W/o Sh. Uga Ram, arrested in connection with F.I.R.

No.14/2017 of Mahila Police Station Jaislamer, may be released

on bail; provided she furnishes a personal bond of Rs.50,000/-

(3 of 3)
[CRLMB-2666/2018]

with two sureties of like amount to the satisfaction of learned trial

Court with the stipulation to appear before that Court on all dates

of hearing and as and when called upon to do so.

(P.K. LOHRA)J.

Bharti/92

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