Rajasthan High Court - Jaipur
Smt Kamlesh Urf Kamla vs State Of Rajasthan Through P.P on 22 September, 2011
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. IInd Bail Application No.8644/2011 (Smt. Kamlesh @ Kamla Versus State of Rajasthan) Date of Order :: 22nd September, 2011 PRESENT HON'BLE MISS JUSTICE BELA M. TRIVEDI Mr. Yunush Khan, Counsel for the applicant-petitioner Mr. Amit Punia, Public Prosecutor for the State of Rajasthan The present second bail application has been moved by the applicant seeking her release on bail in respect of FIR being no. 388/2011 registered at Police Station, Sanganer, Jaipur City for the offence under Section 307, 326, 324, 341, 323 of IPC.
The applicant had earlier moved an application being no. 6720/2011, which was dismissed as withdrawn as per the order dated 15.7.2011. The present application has been moved after the submission of charge sheet against the present applicant and others.
It has been submitted by the learned counsel for the applicant-petitioner that the applicant is a lady and there is no specific role attributed against her in the charge sheet. He also submitted that the injured has also been discharged from the hospital. However, the learned Public Prosecutor Mr. Amit Punia has submitted that considering the gravity of offence, the present application be dismissed.
Having regard to the submissions made by the learned counsel for the parties, it appears that the investigation in the case is already over and the charge sheet has also been filed for the offence under section 147, 148, 149, 307, 326, 324, 341 and 323 of IPC and Section 4/25 of the Arms Act. Since the injured has also been discharged from the hospital, there is no impediment in granting the present application. The application, therefore, deserves to be allowed.
It is, therefore, ordered that the applicant Smt. Kamlesh @ Kamla W/o late Shri Banwari Lal Sharma, shall be released on bail in connection with FIR No 388/2011 registered at P.S. Sanganer, Jaipur City, provided she furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the learned trial court, on the following conditions:-
(a) that the applicant shall make herself available for interrogation before the Investigation Officer as and when required and shall cooperate with the investigation conducted by the Investigating Officer;
(b) the applicant shall not commit any offence similar to the offence, of which she is accused or suspected of the commission;
(c) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer or temper with the evidence;
(d) that the applicant shall attend the concerned court as and when directed and found necessary;
(e) that the applicant shall not leave the territory of India without previous permission of the concerned trial court, and shall deposit the passport, if any, before the trial court;
(f) the applicant shall furnish her present and correct residential address along-with the contact number before the trial court and shall also intimate the change, if any, which may take place in future, to the trial court.
(BELA M. TRIVEDI), J.
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