Rajasthan High Court - Jaipur
Sharwani Devi Wife Of Pooranmal vs State Of Rajasthan on 20 May, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7231/2022
1. Sharwani Devi Wife Of Pooranmal, Aged About 46 Years,
Resident Of Ward No. 17 Near Gaushila Kuwa, Ringus,
Police Station Ringus, District Sikar (Raj.)
2. Suman Devi Wife Of Tara Chand, Aged About 38 Years,
Resident Of Ward No. 17 Near Gaushila Kuwa, Ringus,
Police Station Ringus, District Sikar (Raj.)
3. Omprakash Son Of Shri Tarachand, Aged About 21 Years,
Resident Of Ward No. 17 Near Gaushila Kuwa, Ringus,
Police Station Ringus, District Sikar (Raj.)
----Petitioners
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Manish Kumawat
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/05/2022
1. At the threshold, learned counsel seeks withdrawal of the bail application to the extent of petitioner No.3-Omprakash Son Of Shri Tarachand.
2. Accordingly, the bail application filed on behalf of petitioner No.3-Omprakash is dismissed as withdrawn.
3. The present bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No.431/2021 registered at Police Station Ringus, District Sikar for the offence(s) under Sections 147, 148, 149, 325, 323, 341 & 307 of I.P.C. (Downloaded on 24/12/2022 at 10:20:58 PM)
(2 of 3) [CRLMB-7231/2022]
4. Learned counsel for the petitioners while arguing on behalf of petitioner Nos.1 & 2-Sharwani Devi Wife Of Pooranmal & Suman Devi Wife Of Tara Chand, submits that even the perusal of the FIR does not reflect active participation of these two petitioners, who are ladies. A large number of persons have been made accused and the complainant party has made efforts to drag the name of entire family in this matter. Both the petitioners are household wives having responsibility of their whole family on them. Arrest in this matter may cause incalculable harm to their self-esteem and reputation in the society.
5. Learned Public Prosecutor has vehemently opposed the bail application.
6. I have gone through the contents of the FIR and the order of rejecting bail by learned Additional Sessions Judge, Shrimadhopur, Sikar. A perusal of the same reflects that larger number of persons have been made accused. No specific and overt act of the petitioners has been made out therein. It seems to be a dispute between two families, in which on a very trivial issue, the parties scrimmaged. This is not a case where custodial interrogation of the two petitioners, who are ladies, is indispensable. Upon their assurance that they will cooperate with the investigation and considering the contentions put-forth by the counsel for the petitioners and taking into account the totality of facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court deems it appropriate to allow the anticipatory bail to the extent of and qua the petitioner Nos.1 & 2.
7. Accordingly, the anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Ringus, District (Downloaded on 24/12/2022 at 10:20:58 PM) (3 of 3) [CRLMB-7231/2022] Sikar in F.I.R. No.431/2021 is directed that in the event of arrest of the petitioners-Sharwani Devi Wife Of Pooranmal & Suman Devi Wife Of Tara Chand they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-
(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;
(ii) that the petitioners 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 any police officer, and
(iii) that the petitioners shall not leave India without previous permission of the court.
(FARJAND ALI),J RAJAT KUMAR /114 (Downloaded on 24/12/2022 at 10:20:58 PM) Powered by TCPDF (www.tcpdf.org)