Allowed

Manbhar Bai W/O Lalchand v. State of Rajasthan

Rajasthan HC1 May 2024CRLMB/128/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of a female accused charged with murder under Section 302 IPC. The court noted the absence of direct evidence, lack of direct charge, and her prolonged custody prior to granting bail.

What did the court decide?

Bail is allowed by furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the trial Judge.

Manbhar Bai W/O Lalchand Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 128/2024

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Manbhar Bai W/o Lalchand, Aged About 35 Years, R/o Kanwarpura, P.s. Chechat District Kota. (At Present Confined At Central Jail Kota)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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01/05/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 263/2023 registered at Police Station Chechat, District Kota, Rural for the offences punishable under Sections 302 of IPC.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case solely on the basis of call details to show that that petitioner was in contact with the other co-accused Manoj. Apart from call details there is no direct or in direct evidence indicating the fact that petitioner has conspired with the other co-accused Manoj and Durga Lal to murder the deceased Lal Chand. Learned counsel for the petitioner submits that it is alleged against the petitioner that she was having illicit relationship with the other co-accused Manoj. Counsel further

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[CRLMB-128/2024]

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(2 of 3)

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argues that there is no substantive evidence suggesting the fact that petitioner was involved in hatching the conspiracy to murder the deceased. Petitioner is a lady and in custody since 28.11.2023 and charge-sheet has already been produced, trial of the case will take considerable time therefore, bail application of petitioner may be allowed.

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Learned Public Prosecutor opposed the grant of bail application and submits that petitioner has been charge-sheeted under Sections 302 and 120-B of IPC. Record shows that petitioner was in continuous touch with the other co-accused Manoj through mobile. It is alleged against the petitioner that she was having illicit relationship with the other co-accused Manoj and after hatching conspiracy murdered her husband. Therefore, the bail application of petitioner may be dismissed.

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Heard and perused the charge-sheet. Direct allegation of causing murder of deceased Lal Chand is against other co-accused Manoj and Durgalal, apart from mobile details of petitioner and the other co-accused Manoj there is no other evidence available on record.

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Considering the above facts and also considering the facts that petitioner is a lady who is in custody since long, charge-sheet has already been produced and the fact that there is no direct allegation against the petitioner, without commenting anything on the merit of the case, I deem it just and proper to allow the appeal filed by the accused-appellant.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Manbhar Bai

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[CRLMB-128/2024]

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(3 of 3)

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W/o Lalchand, shall be released on bail in connection with FIR No. 263/2023 registered at Police Station Chechat, District Kota Rural shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the 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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(PRAVEER BHATNAGAR),J

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ashu /42

Manbhar Bai W/O Lalchand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manbhar Bai W/O Lalchand v. State of Rajasthan

Case brief

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What did the court decide?

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