High Court of Rajasthan allowed bail to a petitioner facing charges under Sections 306 and 201 IPC. The court noted the case relies on circumstantial evidence without eye-witnesses and granted bail subject to bond and surety.
Petitioner released on bail upon executing a bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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[CRLMB-4287/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4287/2021
Miss Kala D/o Narayan Lal, Aged About 20 Years, R/o Hatoliya Pada, Police Station Gadhi, Dist. Banswara. (At Present Lodged In District Jail, Banswara).
----Petitioner
Versus
State Of Rajasthan, Through PP
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : Mr. Mr. |
Mridul Jain with Bhagat Dadhich |
|
| For Respondent(s) | : Mr. |
Mukhtiyaar Khan, | P.P. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order
16/08/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.23/2020, Police Station Gadhi, District Banswara, registered for the offence under Sections 306, 201 IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that there is no evidence against the accused-petitioner which can prove allegations alleged against the accused-petitioner; none of the witnesses have supported the story of prosecution; charge-sheet has been filed only on the statement of accused-petitioner herself; accused-petitioner is behind the bars since 16.03.2021, further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused-petitioner.
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[CRLMB-4287/2021]
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that as per statement of Vijaypaal, i.e., brother of accused-petitioner, there was love & affair between the accused-petitioner and deceased.
Having regard to the facts and circumstances of the case, particularly to the fact that there is no eye-witness and last seen witness and the case only depends upon circumstantial evidence; after perusal of statement of witnesses; charge-sheet has been filed, without expressing any opinion on the merits/demerits of the case, 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-Miss Kala D/o Narayan Lal, arrested in connection with F.I.R. No.23/2020, Police Station Gadhi, District Banswara, shall be released on bail, if not wanted in any other case, provided ahe furnishes a personal bond of Rs.50,000/(Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for her appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
3-Bharti/-
1 issue framed by the court
Whether bail should be granted to the petitioner accused in an investigation-stage case under Sections 306 and 201 IPC.
1 provisions across 1 enactments
Miss Kala D/o Narayan Lal
State Of Rajasthan
Deendayal Kachhawa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
