Rajasthan High Court - Jodhpur
Simran vs State Of Rajasthan on 21 September, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Misc. Bail Application No. 11434/2021. Simran W/o Raman Kumar, aged about 42 years, resident of Palla, Megha, Police Station Sadraw Firozpur, District Firozpur, at present Dhulchik Road Gali Tower Wali, Police Station Firozpur City, District Firozpur.
(Presently Lodged In Sub Jail, Nohar, District Hanumangarh).
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Vikas Bijnaria.
For Respondent(s) : Mr. Sudhir Tak, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 21/09/2021 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 160/2021, Police Station Nohar, District Hanumangarh, registered for the offences under Sections 420, 406, 120-B, 143 of the Indian Penal Code.
Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record. (Downloaded on 21/09/2021 at 09:27:04 PM)
(2 of 3) [CRLMB-11434/2021] Learned counsel for the petitioner stated that the accused- petitioner is a 42 years old lady; that there is no specific allegation against the accused-petitioner; that at the most, she would be treated as mediator of the marriage; that no amount has been received by the accused-petitioner; that the accused-petitioner is behind the bars since 10.08.2021; that no recovery or investigation is pending against the accused-petitioner; that earlier, no other case has been registered against the accused- petitioner; that the proviso of Section 437 Cr.P.C. is itself very clear that liberal view should be adopted for women while considering bail prayer; that trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by the learned counsel for the petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that there is no specific allegation levelled against the present accused-petitioner; that the accused- petitioner is a 42 years old lady; that the accused-petitioner is behind the bars since 10.08.2021; and that further trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
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(3 of 3) [CRLMB-11434/2021] Consequently, the bail application is allowed. It is ordered that the petitioner, Simran W/o Raman Kumar, arrested in connection with F.I.R. No. 160/2021, Police Station Nohar, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 32-Mohan/-
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