Amino vs State of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 141/2019, Police Station Sankda, District Jaisalmer for the offences under Sections 498-A, 304-B & 306 of I.P.C.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the deceased was a patient of allergy, for which she was taking medicines. He further submits that there are omnibus allegations against all the members of the family. The charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. He further submits that the petitioner being a lady of aged 48 years is facing incarceration for last almost 1-1/2 months.

Therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor and learned counsel for the complainant vehemently oppose the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Smt Amino W/o Sakhi Khan arrested in connection with F.I.R. No. 141/2019, Police Station Sankda, District Jaisalmer shall be released on bail provided she furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.