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Smt Keli Devi vs State on 20 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 11578 / 2017
Smt. Keli Devi W/o Shri Bhanwara Ram, Aged About 50 Years, By
Caste Suthar, Resident of Charnisra, Tehsil Khinvsar, District
Nagaur. (Petitioner Lodged in Central Jail, Nagaur).

—-Petitioner
Versus
State of Rajasthan Through the Public Prosecutor.

—-Respondent
__
For Petitioner(s) : Mr. Bheemkant Vyas.
For Respondent(s) : Mr. O.P. Rathi, Public Prosecutor.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
20/02/2018

Accused-petitioner has laid this second bail application under

Section 439 Cr.P.C. arising out of FIR No.119/2017, registered at

Police Station Panchodi, District Nagaur.

Police after investigation submitted charge-sheet in the

matter for offence under Sections 498A 306 IPC. Presently, trial

is going on in Sessions Case No.113/2017 before learned

Additional District Sessions Judge No.1, District Nagaur.

First bail application of petitioner bearing No.9735/2017 was

dismissed as not pressed on 9th of November, 2017.

Arguing on this second bail application, it is submitted by

learned counsel that during trial statements of three witnesses

have been recorded, viz, P.W.1 Umaram (uncle of deceased Ms.

Parma), P.W.2 Nainaram (brother of deceased), P.W.3 Moolaram

(father of deceased) as well as complainant and all the three have
(2 of 2)
[CRLMB-11578/2017]

not supported the prosecution case by turning hostile. While

referring to the statements of these witnesses, learned counsel

has argued that all of them have resiled from their statements

recorded during investigation, and therefore, in the wake of this

material change in the circumstances, the petitioner is entitled for

grant of bail. Learned counsel has also argued that petitioner is a

lady, and therefore, her bail plea merits favourable consideration

as conclusion of trial is not offing in near future.

Learned Public Prosecutor has opposed the second bail

application of petitioner.

Having regard to the facts and circumstances of the case and

taking note of the material change in circumstances, without

expressing any opinion on the merits, I feel persuaded to accept

this second bail application.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that accused-petitioner Smt. Keli Devi

W/o Shri Bhanwara Ram, arrested in connection with F.I.R.

No.119/2017, Police Station Panchodi, District Nagaur, may be

released on bail; provided she furnishes a personal bond of

Rs.50,000/- with two surety bonds of Rs.25,000/- each 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.

Twinkle Singh/122

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