Allowed

Booti @ Babita Devi v. State of Rajasthan

Rajasthan HC7 Apr 2022CRLMB/3468/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed on behalf of the petitioner lodged in judicial custody for offences under Sections 498-A, 304-B, 302, and 120-B IPC. Relying on the absence of specific allegations against her, the court granted bail under Section 439 Cr.P.C. on a personal bond and sureties.

What did the court decide?

Petitioner granted bail on furnishing a personal bond of ₹50,000 and two sureties of ₹25,000 each.

Booti @ Babita Devi Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3468/2022

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Booti @ Babita Devi W/o Shri Kabira Ram, Aged About 33 Years, R/o Motisar, Lunakalla, Police Station Sankda, District Jaisalmer. (At Present Lodged In Sub Jail, Pokaran, District Jaisalmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Deepak Menaria along with
	Ms.	Khusbhoo Vyas & Mr. O.P. Godara
For Respondent(s)	: Mr.	Laxman Solanki, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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07/04/2022

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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.66/2021 at Police Station Sankda, Jaisalmer, registered for the offences punishable under Sections 498-A, 304-B, 302, 120-B of the IPC.

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Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel appearing for the petitioner stated that as per the FIR, there is no allegation of illicit relation is levelled against the petitioner; initially charge-sheet has been filed against the husband of the deceased, Premaram; as per the FSL report, cause of death is poison; there is no evidence of instigation against the petitioner; brother-in-law and mother-in-law of the

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(2 of 3)

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[CRLMB-3468/2022]

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deceased are exonerated; as per the prosecution, there was illicit relation between the petitioner and husband of the deceased, on the basis of call detail report; since, deceased was the sister-inlaw i.e. nsojkuh of the petitioner and her husband is brother-in-law i.e. nsoj of the petitioner, therefore, talking to each other in family on call does not mean that there was illicit relation; petitioner is behind the bars since 20.01.2022; charge-sheet has been filed and trial will take time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application and stated that witness Dinesh Kumar has supported the story of the prosecution.

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In reply, learned counsel for the petitioner stated that as per the statement of Dinesh Kumar, deceased was happily talking with other family members and there is no specific allegation made against the petitioner.

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Having regard to the facts and circumstances of this case, particularly to the facts that there is no specific allegation or evidence of instigation against the accused-petitioner; petitioner is a 33 years old lady, therefore, she is entitled to get liberty under the proviso of Section 437 Cr.P.C.; charge-sheet has been filed and trial will take sufficiently long time, therefore, 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner – Booti @ Babita Devi W/o Shri Kabira Ram , arrested in connection with F.I.R. No.66/2021 at

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(3 of 3) [CRLMB-3468/2022]

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Police Station Sankda, Jaisalmer shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of 50,000/- (Rupees Fifty Thousand) and two sureties of₹ ₹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.

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(DEVENDRA KACHHAWAHA),J

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59-Arvind/-

Booti @ Babita Devi v. State of Rajasthan

Case brief

What is this about?

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Booti @ Babita Devi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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