This order grants bail to a petitioner arrested for offences under sections 143, 147, and 302 of the IPC. The court allowed the bail application subject to furnishing a bond of 50,000 rupees and two sureties of 25,000 rupees each.
Bail granted with a personal bond of 50,000 rupees and two sureties of 25,000 rupees each.
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[CRLMB-560/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 560/2022
Smt. Jhamku @ Shanta W/o Shambhulal Damor, Aged About 48 Years, R/o Ukhedi Fla Mangli, Police Station, Pahada, District Udaipur.
(Presently Lodged at Sub Jail, Kherwada, District Udaipur)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Nishant Bora For Respondent(s) : Mr. Mukesh Trivedi, PP Mr. Vikram Singh, I.O., Dy. S.P., C.O. Rishabdev, District Udaipur
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
22/02/2022
In compliance of the order dated 14.02.2022 passed by the Court, investigating officer Shri Vikram Singh, Dy. Superintendent of Police, Circle Officer, Rishabdev, District Udaipur is present in the Court.
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.157/2021 of Police Station Phada, District Udaipur, registered for the offences punishable under Sections 143, 147, 302/149 IPC.
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[CRLMB-560/2022]
Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that FIR was filed against more than 10 persons; omnibus allegations have been levelled against the petitioner; as per the statements of five to six eye witnesses, specific injury attributed to accused Ramesh but he has not been charge sheeted in the present case; charge sheet has been filed against accused Shambhulal and present petitioner for the offence under Section 302/34 and against Rakesh challan has been filed before the Juvenile Court; petitioner is a 48 years old married lady who is behind the bars since 08.09.2020; chargesheet has been and the trial will take time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor opposed the bail application and stated that allegation has been made by all the eye witnesses against the accused petitioner; petitioner actively participated in the quarrel but learned Public Prosecutor not controverted this fact that no specific injury is attributed to the accused-petitioner.
Having regard to the facts and circumstances of this 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 present bail application is allowed. It is ordered that the accused-petitioner – Smt. Jhamku @ Shanta W/o Shambhulal Damor, arrested in connection with F.I.R. No.157/2021 of Police Station Phada, District Udaipur, shall be
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[CRLMB-560/2022]
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.
(DEVENDRA KACHHAWAHA),J
18-Arvind/-
1 issue framed by the court
Whether bail may be granted to the petitioner facing charges under Sections 143, 147, and 302 of the IPC?
1 provisions across 1 enactments
Smt. Jhamku @ Shanta W/o Shambhulal Damor
State of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
