Allowed

Chandrakala Bai Wife of Premchand v. State of Rajasthan

Rajasthan HC16 Dec 2021CRLMB/17250/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted anticipatory bail under Section 438 Cr.P.C. to a 50-year-old woman falsely implicated in offences punishable under Sections 341, 323, 365, 342, and 120-B IPC, without expressing an opinion on merits.

What did the court decide?

Anticipatory bail granted; directed SHO/IO to release petitioner on personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each upon arrest.

Chandrakala Bai Wife of Premchand Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 17250/2021

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Chandrakala Bai Wife Of Premchand, Aged About 50 Years, R/o Mandola Chhapar, Tehsil And District Baran (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. Aslam S. Khan Mr. Girish Khandelwal For Respondent(s) : Mr. Rajendra Yadav, GA cum AAG

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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16/12/2021

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 0211/2020 registered at P.S. Nahargarh, Distt. Baran for the offences mentioned therein against the petitioner, whereupon the investigation was commenced. Apprehending her arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Heard learned counsel for the petitioner, learned State Counsel and perused the material made available on record.

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Learned counsel for the petitioner submits that the petitioner is a 50 years old lady, she has been falsely implicated in the present case as she has nothing to do with the alleged incident. As per the factual report, allegation against the present

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(2 of 3)

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[CRLMB-17250/2021]

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accused petitioner is for the offence punishable under Sections 341, 323, 365, 342, 120-B IPC. Counsel also submits that the allegations levelled against the petitioner are totally false and based on concocted facts. Custodial interrogation of the petitioner is not at all required. Hence, the petitioner be enlarged on bail under Section 438 Cr.P.C.

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On the other hand, learned State Counsel has opposed the anticipatory bail application.

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Taking into consideration the submissions advanced by the learned counsel for petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the petitioner.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioner Chandrakala Bai W/o Premchand in the aforesaid FIR, she shall be released on bail by the concerned SHO/Investigating Officer, provided she furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the SHO/IO of the concerned

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Police Station on the following conditions:

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i) That the petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

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ii) That the petitioner/s shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her/them from disclosing such facts to the court or to any police officer;

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iii) That the petitioner/s shall not leave India

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(3 of 3)

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[CRLMB-17250/2021]

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without previous permission of the court;

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iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.

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(MADAN GOPAL VYAS),J

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Ritu/34

Chandrakala Bai Wife of Premchand v. State of Rajasthan

Case brief

What is this about?

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Chandrakala Bai Wife of Premchand v. State of Rajasthan

Case brief

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