In this bail application, the High Court of Rajasthan granted bail to a female accused under Section 439 CrPC pending a long-drawn trial in a cross-case scenario where she was otherwise confined.
Petitioner released on bail in FIR No.442/2022 subject to execution of a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 127/2023
Smt. Ramrati Wife Of Shri Omkar, Aged About 39 Years, Resident Of Ghatla Police Station Sadar, Alwar ( Presently Confined At Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Chitransh Saxena on behalf of Mr. Kapil Gupta For Respondent(s) : Mr. Babu Lal Nasuna, Dy.G.A.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/01/2023
The petitioner has been arrested in connection with FIR No.442/2022 of Police Station Sadar, District Alwar, for the offence punishable under Sections 323, 341 and 308 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that there are cross cases between the parties and petitioner is a lady. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Dy. Government Advocate has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the
(2 of 2) [CRLMB-127/2023]
case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Smt. Ramrati W/o Shri Omkar shall be released on bail in connection with FIR No.442/2022 of Police Station Sadar, District Alwar, provided she executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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.
(MANOJ KUMAR GARG), J.
Ishan/148
1 issue framed by the court
Whether bail should be granted to the accused-petitioner who is a lady and is currently in judicial custody in a cross-case situation.
1 provisions across 1 enactments
Smt. Ramrati Wife Of Shri Omkar
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
