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Smt Shanti Devi vs State on 9 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7264/2018

Smt Shanti Devi W/o Bhagwana Ram @ Bhaga Ram, Aged About
46 Years, B/c Jat, R/o Gandhi Nagar, District Barmer.
(Presently In Judicial Custody At Dist. Jail Barmer)

—-Petitioner
Versus
State of Rajasthan

—-Respondent

For Petitioner(s) : Mr. Siddarth Karwasra
For Respondent(s) : Mr. Arjun Singh Rathore, PP
Mr. K. C. Choudhary, for the
complainant

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/08/2018
The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.27/18, Police Station Mahila Thana, Barmer, for the

offences under Sections 498A 304B of the IPC.

Heard learned counsel for the petitioner, learned counsel for

the complainant and learned Public Prosecutor. Perused the

material available on record.

It is submitted by learned counsel for the petitioner that

petitioner is being a lady a lenient view should be adopted in the

present case. Except statements for demand of dowry, there is no

specific allegation against the present petitioner for harassing the

deceased for dowry. The challan has already been filed in the

matter. The petitioner is suffering from an ailment of the spinal
(2 of 2) [CRLMB-7264/2018]

code. There is no allegation of demand of dowry soon before the

death against the present petitioner. Basically, the deceased got

frustrated on having being called from her parental house against

her wishes. The conclusion of trial will take sufficiently long time,

therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor learned counsel for the

complainant have vehemently opposed the bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, this Court is of

the opinion that the bail application filed by the petitioner

deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Smt Shanti Devi W/o Bhagwana Ram

@ Bhaga Ram arrested in connection with F.I.R. No.27/18, Police

Station Mahila Thana, Barmer, shall 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 the 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.

(VINIT KUMAR MATHUR),J
Solanki Sunil/-

57

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