Allowed

Smt. Karma Devi W/O Ramsavroop v. State of Rajasthan

Rajasthan HC22 Jul 2022CRLMB/7340/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of Smt. Karma Devi, accused under Section 304B IPC for dowry death, releasing her on bail with a personal bond and sureties after hearing arguments despite the prosecution's allegations of abuse.

What did the court decide?

Accused-applicant enlarged on bail by furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Judge.

Smt. Karma Devi W/O Ramsavroop Vs State of Rajasthan — Domestic Violence | Rajasthan HC (2022)

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[CRLMB-7340/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 7340/2022

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Smt. Karma Devi W/o Ramsavroop, Aged About 53 Years, Resident Of 275 Badoda Bank Ki Gali, Police Station- Rupangarh, District Ajmer. (Accused Confined Sub Div. Jail Kishangarh Ajmer.)

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----Applicant

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Versus

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State Of Rajasthan, Through The P.p.

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----Respondent

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For Applicant(s) : Mr. Dileep Singh Jadaun, Adv. For Respondent(s) : Mr. Sher Singh Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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22/07/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant Smt. Karma Devi W/o Ramsavroop. The applicant was arrested in connection with FIR No.249/2021 registered at Police Station Rupangarh District Ajmer for the offence(s) under Section 304B of IPC

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Learned counsel for the accused-applicant submits that the applicant is a mother-in-law of the deceased who is 53 years of age. The marriage was performed in the year 2019. No case of domestic violence/dowry was ever registered prior to the alleged incident. He further submits that the deceased was having extramarital affairs, which is also reflected from the statement of Devender (brother of the deceased), recorded under Section 161 Cr.P.C. Charge-sheet has been filed. Accused-applicant is in custody since 05.05.2022. Accused-applicant has no role to play in

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[CRLMB-7340/2022]

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the alleged incident and there is no specific averments against her in the FIR.

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Per contra , learned Public Prosecutor has vehemently opposed the bail application and submits that there is a categoric submissions made by the relatives of the deceased, including the mother and brother, that the applicant and her son used to abuse the deceased both mentally and physically, as a result of which, she died.

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Heard the arguments advanced by the counsel for the parties and scanned the record. It is observed that in the case in hand, the accused-applicant, who is 53 years old lady, is in custody since 05.05.2022. The statements recorded under Section 161 Cr.P.C. also hint at extra-marital affairs of the deceased wife. No case was registered prior to the happening of alleged incident.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and material on record but without commenting on merits of the case, this court deems it appropriate to release the applicant on bail, for the reasons as stated above. 6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Smt. Karma Devi W/o Ramsavroop 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 his 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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Arun/11

Smt. Karma Devi W/O Ramsavroop v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Karma Devi W/O Ramsavroop v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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