HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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).
State of Rajasthan Through the Public Prosecutor.
For Petitioner(s) : Mr. Bheemkant Vyas.
For Respondent(s) : Mr. O.P. Rathi, Public Prosecutor.
HON’BLE MR. JUSTICE P.K. LOHRA
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)
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.