Allowed

Hemabai @ Hemlata W/O Harishankar D/O Banshilal v. State of Rajasthan

Rajasthan HC13 Dec 2021CRLMB/19291/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court of Rajasthan granted bail to the petitioner, a woman accused of an unspecified offence, permitting release from arrest upon furnishing a personal bond and two sureties.

What did the court decide?

Anticipatory bail granted; petitioner to be released upon personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Hemabai @ Hemlata W/O Harishankar D/O Banshilal Vs State… — Quashing and FIR | 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. 19291/2021

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Hemabai @ Hemlata W/o Harishankar D/o Banshilal, R/o Daulada Chappalanlakh Colony Aklera P.S. Aklera Dist. Jhalawar Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Pushpendra Sharma For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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13/12/2021

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR 365/2021 registered at P.S. Aklera Distt. Jhalawar 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 Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioner submits that the petitioner is a lady, she has been falsely implicated in the present case as she has nothing to do with the alleged incident. There is

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(2 of 3) [CRLMB-19291/2021]

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no specific allegation against the present accused petitioner. All the injuries sustained by the injured are simple in nature. 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 Public Prosecutor 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 Hemabai @ Hemlata W/o Harishankar D/o Banshilal 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 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 without previous permission of the court;

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(3 of 3)

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[CRLMB-19291/2021]

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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/37

Hemabai @ Hemlata W/O Harishankar D/O Banshilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hemabai @ Hemlata W/O Harishankar D/O Banshilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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