High Court of Rajasthan allowed bail application of petitioner arrested under Section 306 IPC. Court cited reasons without appreciating merits/demerits of case and granted bail subject to furnishing personal bond and sureties.
Petitioner released on bail subject to Rs.50,000 personal bond and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4403/2022 Roshni W/o Shri Vaibhav, Aged About 32 Years, R/o Sagwada Dist. Dungarpur Raj. (At Present Lodged In Central Women Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Abhishek Aggarwal |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi, P.P. |
| Mr. M.C. Bishnoi,complainant |
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/05/2022
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.76/2022, Police Station Sagwada, District Dungarpur, registered for the offence under Section 306 IPC.
Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant. Perused the case diary and material available on record.
Learned counsel for the petitioner stated that even if the allegations levelled in the FIR are taken on its face value, no offence of abetment to committ suicide is made out. It is further submitted that petitioner is 32 years old lady having two minor issues. It is further stated that the ingredients essential to constitute an offence under Section 306 IPC are missing. Lastly, it
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[CRLMB-4403/2022]
is submitted that further incarceration of the petitioner is not required for any purpose, therefore, benefit of bail may be granted to the accused petitioner.
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner.
Having regard to the facts and circumstances of the case, 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 - Roshni W/o Shri Vaibhav, arrested in connection with F.I.R. No.76/2022, Police Station Sagwada, District Dungarpur, shall be released on bail, if not wanted in any other case, provided she 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.
(FARJAND ALI),J
26-Bharti/-
2 issues framed by the court
Whether the bail application of the petitioner charged with abetment to suicide deserves to be accepted under Section 439 Cr.P.C.
Whether the ingredients essential to constitute the offence under Section 306 IPC are made out on the face of the FIR.
2 provisions across 2 enactments
Roshni W/o Shri Vaibhav
State Of Rajasthan
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
