Allowed

Smt. Bhanwari Devi @ Bhori W/O Nanagram v. State of Rajasthan

Rajasthan HC22 Feb 2024CRLMB/914/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by three accused women. The court dismissed the gravity of the offence as a sole bar to bail due to lack of specific allegations against the petitioners causing the death of the deceased, ordering their release on bail with sureties.

What did the court decide?

Bail allowed; accused petitioners to be enlarged on furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Smt. Bhanwari Devi @ Bhori W/O Nanagram Vs… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:9188]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 914/2024

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Smt. Bhanwari Devi @ Bhori W/o Nanagram, R/o Barh Ki Dhani, Village Surajpura, Police Station Sadar Dausa, District Dausa (Presently Confined At District Jail Dausa).

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Smt. Mooli Devi W/o Ram Khiladi, R/o Barh Ki Dhani, Village Surajpura, Police Station Sadar Dausa, District Dausa (Presently Confined At District Jail Dausa).

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Smt. Kamod W/o Heeralal, R/o Barh Ki Dhani, Village Surajpura, Police Station Sadar Dausa, District Dausa (Presently Confined At District Jail Dausa).

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----Petitioners

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Versus

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State of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Kailash Chand Meena For Respondent(s) : Mr. C.G. Chopra, PP Mr. Vedant Sharma Mr. Deepak Sharma

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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22/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioners- Smt. Bhanwari Devi @ Bhori, Smt. Mooli Devi and Smt. Kamod. The petitioners have been arrested in connection with FIR No.389/2023 registered at Police Station Sadar Dausa, District Dausa for the offence(s) under Sections 147, 148, 149, 341, 323, 307 & 302 IPC.

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Learned counsel for the accused-petitioners submits that a false case has been foisted against the petitioners. Accusedpetitioners are innocent old ladies. He further submits that

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[CRLMB-914/2024]

allegation of causing injuries to the deceased is specifically against the other accused Ram Khiladi and in the statements recorded under Section 161 Cr.P.C all the witnesses namely Smt. Rajanti, Smt. Mota Devi, Sitaram, Smt. Parwati, Chitar, Babulal, Smt. Manisha, Harinarayan, Kalyan Sahay and Kum. Anita have stated that accused-petitioners were not having any weapon with them. Accused-petitioners also suffered injuries due to altercation took place between both the parties. Accused -petitioners are in custody since 02.11.2023. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioners behind the bars till disposal of the case. Therefore, bail application of the accused-petitioners may be allowed.

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Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant vehemently oppose the bail application and contend that accused-petitioners alongwith other co-accused after causing unlawful assembly assaulted Prabhu Dayal, Sitaram, Kalyan and Smt. Parwati with the deadly weapons, resulting into death of Prabhu Dayal. Sitaram also sustained grievous injury at his head therefore, looking to the gravity of the offence the instant bail application of the accusedpetitioners may be dismissed.

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Heard and perused the material available on record.

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Considering the arguments advanced by the learned counsel for the parties and looking to the overall facts and circumstances of the case, more particularly the fact that charge-sheet against the accused-petitioners has already been filed before the learned trial court so also, there is no specific allegation against the

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accused-petitioners regarding causing injuries to the deceased Prabhu Dayal and other injured, accused-petitioners are in custody since long, without commenting anything on the merits/demerits of the case, I deem it just and proper to enlarge the accusedpetitioners on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners Smt. Bhanwari Devi @ Bhori W/o Nanagram, Smt. Mooli Devi W/o Ram Khiladi and Smt. Kamod W/o Heeralal in connection with FIR No.389/2023 registered at Police Station Sadar Dausa, District Dausa shall be enlarged on bail provided each of them furnish 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 their 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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66-/DHARMENDRA RAKHECHA

Smt. Bhanwari Devi @ Bhori W/O Nanagram v. State of Rajasthan

Case brief

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Smt. Bhanwari Devi @ Bhori W/O Nanagram v. State of Rajasthan

Case brief

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