Allowed

Pooja W/O Vikram v. State of Rajasthan

Rajasthan HC28 Sept 2022CRLMB/13812/2022

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was allowed pending disposal of the murder trial. The court enlarged the accused-applicant on bail after considering her age, custody duration, hostile prosecution witnesses, and responsibility for a child, subject to a personal bond with sureties.

What did the court decide?

Accused-applicant enlarged on bail subject to personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/ each.

Pooja W/O Vikram Vs State of Rajasthan — 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. 13812/2022 Pooja W/o Vikram, Aged About 30 Years, R/o Patel Nagar, Behror, Tehsil Behror, Distt. Alwar (Raj.) ( At Present Confined In Sub Jail Behror, Distt. Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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For Petitioner(s) : Mr. S. S. Ola, Adv. For Respondent(s) : Mr. S. S. Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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28/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 184/2022 registered at Police Station Behror (Bhiwadi) District Alwar for the offence(s) under Sections 302, 201 and 120B of IPC.

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Learned counsel for the accused-applicant submits that the accused-applicant is 30 years old and has been falsely implicated in the matter. The accused-applicant is wife of the deceased, having one child. She has been in custody since 09.03.2022. Learned counsel further submits that the chargesheet has been filed and PW5 i.e. borther in law and PW6 i.e. sister in law, who were residing in the same neighbourhood, have turned hostile. Learned counsel also submits that the conclusion of trial is likely to take a long time and no useful purpose would be

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(2 of 2)

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[CRLMB-13812/2022]

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served by keeping the accused-applicant behind bars till disposal of the case.

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Per contra , learned Public Prosecutor has vehemently opposed the bail application and has submitted that both the accused-applicants were in an illicit relationship. Therefore, to cover up the matter and avoid being caught, they murdered the deceased-Vikram. He has further submitted that the recovery made during the investigation bears testimony to the commission of the alleged offence.

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Considering the arguments advanced by the counsel for the parties and considering that the accused-applicant is 30 years old; that the PW5 and PW6 have turned hostile; that the chargesheet has been filed; that accused-applicant is behind bars since 09.03.2022; that accused-applicant has to take care of her child, whose father has just died and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge her on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. are allowed and it is ordered that accused-applicants Pooja W/o Vikram shall be enlarged on bail provided she furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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Pooja /27

Pooja W/O Vikram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pooja W/O Vikram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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