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Judgment
17 paragraphs · 345 wordsLearned counsel for the petitioners wants to withdraw this bail application of accused-petitioner no.1-Hussain S/o Gaffar.
The bail application of accused-petitioner no.1-Hussain S/o Gaffar is dismissed as withdrawn.
The present bail application has been filed under Section 439 Cr.P.C. The petitioner no.2-Jarina W/o Hussain has been arrested in connection with
FIR No. 199/2020 registered at Police Station Sadar Gangapurcity, District Sawai Madhopur for the offence under Section(s) 323, 341, 143 of IPC
and later on for the offence under Section(s) 323, 341, 143, 325, 307, 504 of IPC.
It is contended by the learned counsel for the petitioner that she is not named in the FIR nor there is any allegation against her of inflicting any injury
on the person of any of the victims. He submitted that it is a case of version and cross version in which persons from both sides have received injuries.
He submitted that the petitioner, a lady, is in custody for about a month, investigation as against her is complete, she has no criminal antecedents and
prayed for her release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegation against her, her length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the
case, this court deems it just and proper to enlarge the petitioner no.2- Jarina W/o Hussain on bail.
Accordingly, the bail application of accused-petitioner no.1- Hussain S/o Gaffar is dismissed and the bail application of accused-petitioner no.2-Jarina
W/o Hussain is allowed and it is directed that accused-petitioner no.2-Jarina W/o Hussain shall be released on bail under Section 439 Cr.P.C. in
connection with afore-mentioned FIR registered at concerned Police Station, provided she 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 she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.