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Judgment
7 paragraphs · 335 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.39/2023 of Police Station Bajju, Distt. Bikaner for the offence punishable under Sections 498-A, 306, 34 of IPC. She has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that petitioner is mother-in-law of the deceased. Initially police investigated the matter, wherein challan has been presented against the present petitioner for the offence under Sections 306, 498-A of IPC. Thereafter, when FSL report was received, trial court passed an order for fresh investigation, in which challan has been filed against the present petitioner for the offence under Sections 498-A, 306, 201/34 of IPC. Counsel further submitted that there is no evidence for abetment to commit suicide against the present petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that this a case of murder and police intentionally filed the challan only for the offence under Section 306 IPC, therefore benefit of bail may not be granted to petitioner.
I have considered the arguments advanced before me and perused the material on record.
Having regard to facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mohni Devi W/o Shri Mangilal, shall be released on bail in connection with FIR No.39/2023 of Police Station Bajju, Distt. Bikaner provided she executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.