Allowed

Sita Devi v. State

Rajasthan HC22 Feb 2021CRLMB/2483/2021

Case brief

AI extract

What is this about?

The High Court granted bail to petitioners Sita Devi and Manisha arrested for offences under Sections 323, 325, 364-A, 365, 367 and 120-B IPC. The court deemed it a fit case to invoke the proviso to Section 437 Cr.P.C. and granted bail under Section 439 Cr.P.C. without expressing an opinion on merits.

What did the court decide?

Released on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each subject to appearing before the trial court.

Sita Devi Vs State — Bail and Remand | Rajasthan HC (2021)

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(1 of 2)

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[CRLMB-2483/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Second Bail Application No.

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2483/2021

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Sita Devi W/o Prabhu Lal, Aged About 46 Years, R/o 9-B-07, Patel Nagar, Police Station Pratapnagar, Bhilwara. (At Present Lodged In District Jail, Bhilwara).

----Petitioner

Versus

State, Through Pp

----Respondent

Connected With

S.B. Criminal Miscellaneous Second Bail Application No. 2753/2021

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Manisha D/o Shri Jivan W/o Vishnu, Aged About 33 Years, Jodhpuriya P.s. Bassi Dist. Chittorgarh, Presently Residing On Rent At House Of The Puran Sharma, House No. 9 A 35, Patel Nagar, P.s. Pratap Nagar Distt. Bhilwara. (Presently Lodged In District Jail Bhilwara).

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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

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For Petitioner(s) : Mr. Bhushan Singh & Mr. SD Chanvariya For Respondent(s) : Mr. Laxman Solanki, PP Mr. Binja Ram, for the complainant

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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22/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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This Court perused the material available on record.

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The petitioners have been arrested in FIR No.510/2020 of Police Station Pratapnagar, Bhilwara for the offences punishable under Sections 323, 325, 364-A, 365, 367 & 120-B IPC. They have preferred these bail applications under Section 439 Cr.P.C.

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Counsel for the petitioners submit that charge-sheet in this case has already been filed. Counsel for the petitioners further

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(2 of 2)

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[CRLMB-2483/2021]

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submit that at this stage when the petitioners have undergone custody for about last two months, it is a fit case for invoking proviso of Section 437 Cr. PC.

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Learned Public Prosecutor vehemently opposes the bail application.

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This Court finds that at this stage it is a fit case for invoking proviso of Section 437 Cr. P.C.

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Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

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Accordingly, these bail applications filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Sita Devi W/o Prabhu Lal and (2) Manisha D/o Shri Jivan W/o Vishnu shall be released on bail in connection with FIR No.510/2020 of Police Station Pratapnagar, Bhilwara provided each of them execute a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- 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.

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(DR.PUSHPENDRA SINGH BHATI),J.

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274-Nirmala/Jitender//-

Sita Devi v. State

Case brief

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Sita Devi v. State

Case brief

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