The High Court of Rajasthan allowed a bail application filed by Smt. Sita Bai, arrested under Sections 341, 323, and 307 IPC, granting release on a personal bond with sureties pending trial.
Bail granted on personal bond of ₹1,00,000 with two sureties of ₹50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
…..
S.B. Criminal Misc. Bail Application No. 8002/2022.
Smt. Sita Bai wife of Bheru Lal Bairava, aged about 42 years, resident of Mirchiyakheri, Rashmi Police Station, District Chittorgarh.
(Lodged In District Jail, Chittorgarh)
----Petitioner Versus ----Respondent
State Of Rajasthan through PP
For Petitioner(s) : Mr. B.P.S. Inda on behalf of Mr. Surendra Singh Shaktawat. For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/07/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 115/2022, Police Station Rashmi, District Chittorgarh, for the offences under Sections 341, 323, 307/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the grievous injury on the head of the injured has been assigned to the coaccused – Ratan Lal and the allegation against the present petitioner is only that she caught hold the injured. He further
(2 of 2)
[CRLMB-8002/2022]
submits that the challan of the case has already been presented and no investigation is pending against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Government Advocate-cum-Additional Advocate General has vehemently opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Smt. Sita Bai W/o Bheru Lal Bairava , shall be enlarged on bail in F.I.R. No. 115/2022, Police Station Rashmi, District Chittorgarh, provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
85-Mohan/-
2 issues framed by the court
Whether the petitioner shall be enlarged on bail in the criminal proceedings.
Whether the petitioner satisfies the bail criteria under Section 439 Cr.P.C.
5 provisions across 2 enactments
Smt. Sita Bai W/o Bheru Lal Bairava
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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