Allowed

Smt. Om Kanwar W/O Surendra Singh v. State of Rajasthan

Rajasthan HC16 Nov 2022CRLMB/13406/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by two female petitioners in a murder case under Section 302 IPC, granting indulgence based on their gender, lack of weapon recovery, and absence of specific injury allegations against them in the eywitness statement.

What did the court decide?

Release of accused petitioners on bail upon furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Smt. Om Kanwar W/O Surendra Singh Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13406/2022

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Smt. Om Kanwar W/o Surendra Singh, Aged About 35 Years, R/o Pachala, P.S Phagi, Distt. Jaipur (Raj.) ( At Present Confined In Central Jail Jaipur)

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Smt. Om Kanwar W/o Late Hanuman Singh, Aged About 65 Years, R/o Pachala, P.S Phagi, Distt. Jaipur (Raj.) ( At Present Confined In Central Jail Jaipur)

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----Petitioners

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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. Ram Prasad Choudhary For Respondent(s) : Mr. Mangal Singh Saini-PP Mr. Rajneesh Gupta

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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16/11/2022

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This bail application under Section 439 Cr.P.C. has been filed by the petitioners in connection with FIR No.244/2022, registered at Police Station Phagi, District Jaipur Rural wherein they are charged for offences punishable under Sections 143, 341, 323, 451 and 302 of IPC.

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Learned counsel for the petitioners submits that in the FIR omnibus general allegations were levelled against the petitioners. Counsel submits that as per the statement of the independent witness- Lal Singh, the accused Surendra Singh inflicted injury by f awda and the Girraj Singh inflicted injury by axe. Counsel submits that during the course of investigation, the weapons of the offence were recovered at the instance of the accused persons namely

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(2 of 3)

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[CRLMB-13406/2022]

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Surendra Singh and Girraj Singh and no weapon has recovered at the instance of the petitioners. Counsel submits that the petitioners are female and as per the proviso contained under Section 437 Cr.P.C. indulgence of bail be extended to the petitioners. Counsel further submits that petitioners are in judicial custody since the date of their arrest and after investigation, charge sheet has been submitted and conclusion of the trial will take its own time, so indulgence of bail be granted to them.

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Per contra, learned Public Prosecutor assisted by counsel for the complainant have opposed the bail application and submitted that the petitioners caught hold the deceased and thereafter, the rest of the co-accused persons namely Surendra Singh and Girraj Singh inflicted injuries on the person of the deceased. Counsel further submitted that under these circumstances, benefit of bail should not be granted to the petitioners.

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Heard and considered the rival submissions made at the Bar. Perusal of the post mortem report indicates that the cause of the death of the deceased is shocked and caused due to the injury on the vital part of the brain. As per the statement of the eyewitness Lal Singh, there is no allegation against the petitioners for causing injury on the person of the deceased and no weapon of offence has been recovered at the instance of the petitioners. Petitioners are female and looking to the fact that after investigation, charge sheet has been submitted but without commenting any opinion on merits or demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioners under Section 439 Cr.P.C.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioners Smt. Om

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(3 of 3)

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[CRLMB-13406/2022]

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Kanwar W/o Surendra Singh and Smt. Om Kanwar W/o Late Hanuman Singh arrested in connection with the aforementioned FIR, may be released on bail; provided each of them furnish a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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Ashu/33

Smt. Om Kanwar W/O Surendra Singh v. State of Rajasthan

Case brief

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Smt. Om Kanwar W/O Surendra Singh v. State of Rajasthan

Case brief

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