HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan Through Public Prosecutor.
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
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
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)
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
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)
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.