Allowed

Smt. Deepa Devi W/O Mahesh Kumar v. State of Rajasthan

Rajasthan HC2 Dec 2023CRLMB/14892/2023

Case brief

AI extract

What is this about?

This order allows a bail application under Section 439 Cr.P.C. for a female accused not named in the FIR, primary caretaker of children, and abetment charge, distinguishing cited Apex Court precedent on facts and requiring personal bond.

What did the court decide?

Enlarged on bail subject to personal bond of Rs.50,000 and two sureties of Rs.25,000 each before trial Judge.

Smt. Deepa Devi W/O Mahesh Kumar Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

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[2023:RJ-JP:37346]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 14892/2023

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Smt. Deepa Devi W/o Mahesh Kumar, Aged About 30 Years, R/o Manda, PS- Khatu Shyamji District Sikar (Raj.) (Accused In District Jail, Sikar)

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...Applicant/Accused

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Versus

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State of Rajasthan, through PP

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Nandu Singh S/o Megh Singh Rajput, R/o Manda, Dantaramgarh, Khatu Shyamji, Sikar (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Jitendra Kumar Gupta For State : Mr. Babulal Nasuna, PP For Complainant : Mr. Rahul Agrawal

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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02/12/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 342/2022 registered at Police Station Khatu Shyamji District Sikar (Raj.) for the offence(s) under Sections 364, 302, 201, 120B of IPC.

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Heard learned counsel for the parties.

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Considering the arguments advanced by both the sides, considering that the applicant was not named in the FIR; that the applicant is a lady aged about 30 years and is the primary caretaker of her two children; that co-accused Sunita Devi, whose case is not distinguishable to that of present applicant, has been enlarged on bail vide order dated 08.11.2023 in S.B. Criminal

[2023:RJ-JP:37346]

[CRLMB-14892/2023]

(2 of 2)

Misc. Bail Application No. 3945/2023; that charge-sheet has been filed and nothing is left to be recovered; that the Apex Court judgment of Rahul Gupta vs. State of Rajasthan and Ors.: (2023) 7 SCC 781 relied upon by learned counsel for the complainant is on different facts as there was only one accused therein and in the present case, apart from being multiple accused, the primary allegation against the present applicant is that of abetment and conspiracy, and looking to the overall facts and circumstances of the case but without commenting on merits/demerits of the case, this Court is inclined to allow the present bail application.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Smt. Deepa Devi W/o Mahesh Kumar shall be enlarged on bail provided he 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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DEEPAK /26

Smt. Deepa Devi W/O Mahesh Kumar v. State of Rajasthan

Case brief

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Smt. Deepa Devi W/O Mahesh Kumar v. State of Rajasthan

Case brief

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