Deoo Gurjar vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.140/2023, registered at Police Station Rayala, District Bhilwara, for offences under Sections 302/34, 341, 323 & 435 IPC.

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

Learned counsel for the petitioner submitted that specific allegation of inflicting head injury has been levelled by the complainant – Devilal Gurjar and injured persons namely Mangi Devi and Seema in their statements recorded under Section 161 Cr.P.C. against co-accused Mithu Lal.

Drawing attention of the Court towards the postmortem report issued by the Medical Jurist, Maharana Bhupal Government Hospital, Udaipur, learned counsel for the petitioner submitted that cause of death of the deceased is ante mortem head and brain injuries, which are found to be grievous in nature and dangerous to life. Learned counsel submitted that in view of the fact that specific allegation of inflicting head injury has been levelled against co-accused Mithu Lal, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Learned counsel submitted that the petitioner has been falsely implicated in this case. The petitioner is in judicial custody since 24.05.2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that specific allegation of inflicting head injury has been levelled against co-accused Mithu Lal by the complainant and other eye witnesses in their statements recorded under Section 161 Cr.P.C.

Having considered the rival submissions, facts and circumstances of the case, so also the fact that specific allegation of inflicting head injury has been levelled against co-accused Mithu Lal by the complainant and other eye witnesses in their statements recorded under Section 161 Cr.P.C., without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Smt. Deoo Gurjar W/o Late Ramchandra Gurjar arrested in connection with F.I.R. No.140/2023, registered at Police Station Rayala, District Bhilwara, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/-and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for her appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.