Allowed

Gomti Bai v. State of Rajasthan

Rajasthan HC22 Feb 2022CRLMB/516/2022

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 439 Cr.P.C. for a female accused in a murder case. Considering she is a lady, the allegation is identical to a co-accused who already got bail, and trial will be lengthy, bail was granted with a personal bond and sureties.

What did the court decide?

Accused-petitioner Gomli Bai shall be released on bail on furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Gomti Bai Vs State of Rajasthan — Murder and Culpable Homicide | 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. 516/2022

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Gomli Bai W/o Sh. Narayan, Aged About 45 Years, Bhatkhedi, Teh. Choti Sadri, Dist. Pratapgarh. (At Present Lodged At Dist. Jail, Pratapgarh).

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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 with
	Mr.	Vijay Kumar Gaur
For Respondent(s)	: Mr.	Mukesh Trivedi, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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22/02/2022

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The instant Criminal Misc. Application has been filed by the applicant-petitioner, seeking necessary correction in the name of accused-petitioner.

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Learned counsel for the applicant-petitioner stated that due to typographical error, name of the petitioner has been mentioned as ‘Gomti Bai’ in place of ‘Gomli Bai’, in the cause-title, therefore, it has been prayed that the correct name of the applicantpetitioner may be ordered to be inserted in the amended cause title.

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Having heard learned counsel for the applicant and for the reason mentioned in the instant application, the same is allowed. Accordingly, it is ordered that correct name of the applicantpetitioner which is, ‘Gomli Bai’ be inserted in the amended cause

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(2 of 3)

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[CRLMB-516/2022]

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title. Amended cause title has already been filed along with bail application may be taken on record.

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The instant Criminal Misc. Application stands disposed of accordingly.

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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.62/2021, Police Station Dholapani, District Pratapgarh, registered for the offence under Sections 302, 201 IPC.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that on 05.07.2021 one written complaint is filed by father of the deceased (Gopilal) and, thereafter, after thirteen days, i.e., on 18.07.2021, one FIR is also registered by son of the deceased; that on the information given under Section 27 of the Evidence Act of Gomli Bai and Indira Bai, lathi has been recovered; that there is no witness of last seen; that it is not identified that burnt pieces which were recovered on the basis of information given by accused-petitioner belong to the deceased; that benefit of bail has been granted to co-accused Indra Bai by co-ordinate Bench of this Court vide order dated 20.12.2021; that the allegation against the present petitioner is identical to the case of Indra Bai; that accusedpetitioner is a lady and behind the bars since 20.07.2021; that charge-sheet has been filed and further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.

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On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that on the basis

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(3 of 3)

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[CRLMB-516/2022]

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of information given by accused-petitioner burnt clothes, mobile and pieces of slippers have been recovered from the accusedpetitioner and as per statement of Suraj Meena, deceased-Gopilal informed that he is going to house of Narayan Lal i.e. husband of the petitioner.

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Having regard to the facts and circumstances of the case, particularly to the fact that benefit of bail has been granted to coaccused Indra Bai and allegation against the present petitioner as well as Indra is almost common; accused-petitioner is a lady; 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-Gomli Bai W/o Sh. Narayan, arrested in connection with F.I.R. No.62/2021, Police Station Dholapani, District Pratapgarh, 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.

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(DEVENDRA KACHHAWAHA),J

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16-Bharti/-

Gomti Bai v. State of Rajasthan

Case brief

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Gomti Bai v. State of Rajasthan

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