HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan
For Petitioner(s) : Mr. Siddarth Karwasra
For Respondent(s) : Mr. Arjun Singh Rathore, PP
Mr. K. C. Choudhary, for the
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
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
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