In a bail application under Section 439 Cr.P.C., the High Court of Rajasthan allowed bail to two female accused verifying an FIR involving murder and rioting charges. The court directed personal bonds with sureties for the trial period.
Bail granted subject to personal bonds of Rs. 1,00,000/- each and 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.
[2024:RJ-JD:14726]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2464/2024
Smt. Tagi W/o Mobtaram, Aged About 65 Years, R/o Bhimthal, Ps Dhorimanna, Barmer, Raj. (Lodged In Dist Jail, Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2489/2024
Smt. Zarina W/o Bheraram, Aged About 30 Years, R/o Bhimthal, Ps Dhorimanna, Barmer At Present Admanji Vadako Ka Bera, Ps Sindhari, Barmer, Raj. (Lodged In Dist Jail, Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Chaturbhuj |
|---|---|
| For Respondent(s) | : Mr. S.S. Rajpurohit, PP |
| Mr. S.P. Sharma,for complainant. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
03/04/2024
The petitioners have been arrested in connection with FIR No.177/2023 of Police Station Sadar, District Barmer, for the offence punishable under Sections 147, 148, 149, 323, 307, 302, 450 and 120-B of IPC. They have preferred these second bail applications under Section 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court on 05.09.2023 with liberty to file afresh after recording the statement of Pataram and Smt. Anita. Learned counsel for the petitioners submits that similar situated co-accused Bhera Ram and Banshi Ram have been granted bail by this Court vide order dated 21.02.2024 (In S.B. Criminal Misc. Second Bail Application No.1553/2024) and the
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[CRLMB-2464/2024]
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case of the present petitioners are similar to that of co-accused. Counsel further submits that petitioners are ladies and are 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-petitioners.
Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail applications and submits that there are telephonic conversations on record between Smt. Zarina and Smt. Tagi which suggest that they hatched a conspiracy in this alleged crime, therefore, the bail applications may kindly be dismissed.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the second bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Smt. Tagi W/o Mobtaram & (2) Smt. Zarina W/o Bheraram, shall be released on bail in connection with FIR No.177/2023 of Police Station Sadar, District Barmer, provided they execute personal bonds in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their 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
173-174 Ishan/-
2 issues framed by the court
Whether bail should be granted to the accused petitioners under Section 439 Cr.P.C. in the present circumstances.
Whether the nexus between co-accused warrants refusal of bail despite similar bail being granted to others.
1 provisions across 1 enactments
Smt. Tagi W/o Mobtaram
Smt. Zarina W/o Bheraram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
