The High Court at Jodhpur granted bail to three female accused under Section 439 Cr.P.C. in a criminal trial for offences under Sections 143, 341, 323, 325 and 302 of IPC, directing their release upon execution of a bond with sureties.
Grants bail with a direction to execute a personal bond of Rs.80,000 with two sureties of Rs.40,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 2794 / 2018
----Petitioners
Versus
The State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Ashok Upadhayay, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
05/04/2018
The petitioners have been arrested in connection with FIR No.40/2018 of Police Station Kherwada, District Udaipur, for the offence punishable under Sections 143, 341, 323, 325 and 302 of IPC. They have preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioners submits that the petitioners are ladies. No specific role have been assigned against them. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-2794/2018]
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Smt. Mangla Devi W/o Bhagwati Lal (2) Smt. Sangeeta W/o Rajesh and (3) Smt. Kalpana W/o Vinod shall be released on bail in connection with FIR No.40/2018 of Police Station Kherwada, District Udaipur provided they execute a personal bond in a sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG) J.
Hanuman/14
1 issue framed by the court
Whether bail shall be granted to the accused petitioners under Section 439 Cr.P.C. considering their gender and custody status.
1 provisions across 1 enactments
Smt. Mangla Devi W/o Bhagwati Lal
Smt. Sangeeta W/o Rajesh
Smt. Kalpana W/o Vinod
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
