Bhanwari Devi And Ors vs State of Rajasthan

S.B. CRLMB No. 3724/2020 :-

Having heard learned counsel for the petitioners Mr. R.S. Choudhary as well as learned counsel for the complainant Mr. S.S. Nirwan through whats

app call and learned Public Prosecutor and perused the material available on record.

The petitioners have been arrested in FIR No.30/2020 of Police Station Bidasar, District Churu for the offences punishable under Sections 498-A, 324,

354, 323 and 143 IPC. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners Mr. R.S. Choudhary, without arguing the matter on merits, has submitted on whats app call that he does not want

to press the criminal misc. bail application preferred on behalf of the petitioners Nos.2 and 3.

Accordingly, the criminal misc. bail application preferred on behalf of petitioners - (2) Bhanwar Nath S/o Sugan Nath and (3) Lichhu Nath S/o

Bhanwar Nath under Section 439 Cr.P.C. is dismissed as not pressed.

Learned counsel for the petitioners Mr. R.S. Choudhary has argued on whats app call that petitioner No.1-Bhanwari Devi is 52 years old lady and she

is ill, therefore, she may be enlarged on bail.

Learned counsel for the complainant Mr. S.S. Nirwan on whats app call and learned Public Prosecutor have vehemently opposed the bail application

preferred on behalf of the petitioner No.1.

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 No.1-Bhanwari Devi W/o Banwar Nath under Section 439 Cr.P.C.

Accordingly, the bail application preferred on behalf of petitioner No.1 under Sec.439 Cr.P.C. is allowed and it is directed that petitioner No.1 â€

Bhanwari Devi W/o Bhanwar Nath shall be released on bail in connection with FIR No.30/2020 of Police Station Bidasar, District Churu provided she

executes a personal bond in a sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be

difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that petitioner No.1 â€" Bhanwari Devi W/o

Bhanwar Nath shall be released on bail upon furnishing the personal bond. She may furnish requisite sureties by 15th May, 2020 to the satisfaction of

the learned trial court.

Petitioner No.1 â€" Bhanwari Devi W/o Bhanwar Nath shall be required to appear before that Court on all dates of hearing and as and when called

upon to do so. In case, she fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.

S.B. CRLMB No. 3769/2020 :-

Having heard learned counsel for the petitioners Mr. R.S. Choudhary as well as learned counsel for the complainant Mr. S.S. Nirwan through whats

app call and learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioners Mr. R.S. Choudhary has submitted on whats app call that this another criminal bail application of the petitioners

has been filed inadvertently, therefore, he does not want to press this criminal misc. bail application.

Accordingly, this criminal misc. bail application preferred by the petitioners under Section 439 Cr.P.C. is dismissed as not pressed.