Rajasthan High Court - Jodhpur
Roshani Devi vs State Of Rajasthan on 24 May, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6039/2019
Smt. Roshani Devi W/o Badrinath Nayak, Aged About 45 Years,
R/o Chak 6 MLD P.S. Nai Mandi Gharsana Distruict
Sriganganagar.
(Presently Lodged At District Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Umesh Shrimali
For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 24/05/2019 Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.394/2018 of Police Station Nai Mandi Gharsana, District Sri Ganganagar for the offences punishable under Sections 498-A, 304-B, 302 and 34 IPC. She has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner to the effect that she used to harass the deceased for dowry is false. Learned counsel for the petitioner has submitted that as a matter of fact on the day of incident an altercation took place between her and the deceased on a trivial issue. It is argued that the son of the petitioner had (Downloaded on 28/06/2019 at 06:19:01 AM) (2 of 2) [CRLMB-6039/2019] tried to pacify the deceased but she was annoyed with the same and committed suicide by hanging herself. It is submitted that the marriage of son of the petitioner was solemnized with the deceased on 22.06.2018 only and the allegation of harassing the deceased for dowry is false because prior to the incident, the family members of the deceased did not complaint to anybody about the behavior of the petitioner or her family members. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner - Smt. Roshani Devi W/o Badrinath Nayak shall be released on bail in connection with FIR No.394/2018 of Police Station Nai Mandi Gharsana, District Sri Ganganagar provided she executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J Abhishek Kumar S.No.42 (Downloaded on 28/06/2019 at 06:19:01 AM) Powered by TCPDF (www.tcpdf.org)