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Rajasthan High Court - Jaipur

Rasida Bano vs State Of Rajasthan Through Pp on 12 April, 2018

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
       S.B. Criminal Miscellaneous Bail No. 2574/2018

Rasida Bano W/o Sarfuddin B/c Muslim, R/o House No. 650, Dem
No. 2, Bandh Basti, P.s. Shastri Nagar, Jaipur (At Present
Confined In Central Jail Jaipur)
                                                       ----Petitioner
                                Versus
State Of Rajasthan Through P.p.
                                                     ----Respondent

For Petitioner(s) : Mr. Ravi Kumar Sharma For Respondent(s) : Mr. R.R. Singh Rathore, PP For complainant(s) : Mr. Umesh Vyas HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 12/04/2018

1. Petitioner has filed this bail application under Section 439 of Cr.P.C.

2. F.I.R. No.142/2017 was registered at Police Station Sikandra, District Dausa for offence under Sections 420, 406, 120-B of I.P.C.

3. It is contended by counsel for the petitioner that the allegation that Rs.68,00,000/- was given by complainant-Heera Lal to the present petitioner and Omprakash is at the face of it wrong, as from the statement of Heera Lal recorded before the trial Court, it is apparent that Phe is a farmer whose annual income is 2-4 lakhs rupees. The alleged amount was given way back in the year, 2015. F.I.R. has been lodged in the year, 2017 after an inordinate delay.

4. Learned Public Prosecutor and counsel for the complainant (2 of 2) [CRLMB-2574/2018] have opposed the bail application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that she shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J Arti/62