Anita And Ors vs State Of Rajasthan

The present second bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.275/2020

registered at Police Station Halena District Bharatpur for the offence(s) under Section(s) 147, 148, 149, 323, 341, 447, 307 & 302 of IPC later on for

the offences under Sections 147, 148, 323, 341, 307 & 302 of IPC.

Learned counsel for the petitioners submitted that after rejection of the first bail application, charge-sheet has been filed; hence, this second bail

application.

It is contended by learned counsel for the petitioners that it is case of version and cross version in which five persons from accused side have received

injuries including injuries on vital parts of the body. He submitted that the injuries assigned to the present petitioners, all females, on the person of

Sheela, Manisha and Ghansi are either simple in nature or does not travel beyond the scope of Section 325 of IPC which is bailable. He submitted that

the incident occurred on account of land dispute between the parties. Learned counsel submitted that the petitioners are in custody since 06.10.2020,

charge-sheet has been filed, trial of the case will take time, they have no criminal antecedents and prayed for their release on bail.

Learned Public Prosecutor assisted by learned counsel for the complainant opposing the second bail application submitted that in this case not only one

person has died; but, a large number of persons from the complainant side have received grievous injuries and hence, the petitioners do not deserve

indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioners, their

length of custody, filing of charge-sheet, absence of criminal antecedents and the material available in the charge-sheet; but, without expressing any

opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the second bail application is allowed and it is directed that accused-petitioners 1. Anita D/o Tejsingh, 2. Munesh D/o Narayan Singh &

Rati W/o Narayan Singh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police

Station, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid

down under Section 437(3) Cr.P.C.