High Court of Rajasthan allowed bail to petitioner Sunita in rape-related murder case (IPC 302), issuing personal bond order under Section 439 Cr.P.C. pending trial.
Petitioner released on bail under Section 439 Cr.P.C. by executing personal bond of Rs.1,00,000 with two sureties of Rs.50,000.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 438/2023
Sunita W/o Poonam Chand @ Pawan Kumar, Aged About 38 Years, W.no. 8, Birkali, Teh. Nohar, Dist. Hanumangarh. (Presently Lodged In Dist. Jail, Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. HSS Kharlia, Sr. Advocate with Ms. Kinjal Purohit |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar, PP |
| Mr. Kamal Deep Singh, for the complainant |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
17/04/2023
The present bail application has been filed on behalf of the petitioner under Section 439 Cr.P.C, who has been arrested in connection with FIR No.94/2022, Police Station Nohar, District Hanumangarh for the offences punishable under Sections 342 and 302/34 of the IPC.
Learned counsel for the petitioner submits that the alleged incident took place on 19.2.2022. The complainant in his complaint dated 20.2.2022 submitted before the SHO, Police Station, Nohar did not name the present petitioner. Even in the statements recorded under Section 161 Cr.P.C. of the witnesses namely Pappu Ram, Hem Raj, Ram Pratap, Subhah, Rajendra Kumar and Brijlal it came on record that the petitioner did not participate in the act when the deceased was being beaten which
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ultimately resulted in his death. Learned counsel submits that on 6.3.2022, when the statement of Smt Kirsna under Section 161 were recorded, for the first time, it came on record that the petitioner had locked the deceased in a room. Learned counsel further submits that there was a cross FIR lodged by the accused party, but as Mukesh was died, therefore, the investigating agency, filed a negative final report. It is further submitted that the petitioner is behind the bars since long and she being a lady may be enlarged on bail.
Per contra, learned Public Prosecutor as well as learned counsel appearing for the complainant opposed the bail application. It is further submitted that statements of the doctors in the present case have been recorded. The injuries nos.1 and 2 were grievous in nature and there are serious allegations against the petitioner. Therefore, it is prayed that the bail application submitted by the petitioner may be rejected.
Having heard the parties and looking to the facts and circumstance of the case and more particularly after perusing the statements of the witnesses, without expressing any opinion on merits and demerits of the case, this Court is of the opinion that the bail application may be allowed.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sunita W/o Poonam Chand @ Pawan Kumar , shall be released on bail in connection with FIR No.94/2022, Police Station Nohar, District Hanumangarh provided she executes personal bond in a sum of Rs.1,00,000/each with two sound and solvent surety of Rs.50,000/- each to the satisfaction of learned trial court for her appearance before that
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court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MADAN GOPAL VYAS),J
3-CPGoyal/-
2 issues framed by the court
Whether the bail application filed under Section 439 Cr.P.C. shall be allowed in proceedings for offences under Sections 342 and 302/34 IPC.
Whether the petitioner, a female accused, be released on personal bond with sureties.
2 provisions across 2 enactments
Sunita W/o Poonam Chand @ Pawan Kumar
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
