Mst. Mooli and Others vs State of Rajasthan

M.B. Sharma, J.—This order will dispose of two bail application Nos. 2978 of 89 moved on behalf of Mst. Mooli, Mst. Uganti, and Mst. Bhonri u/s 438 Cr. PC and other No. 2976/89 moved u/s 439 Cr. PC on behalf of Arjun, Jai and Rampal.

The contention of the learned Counsel for the accused petitioner is that they are cross cases in which the persons belonging to the accused party also received injuries though the injuries arc not very serious. He further submits that so far as death of Smt. Prabhati is concerned, a bare look of the post mortem report will show that she died as a result of titenus. The learned P.P. who is assisted by Mr. Chaturvedi contends that as many as 11 persons received injuries by sharp and blunt weapon on the side of the complainant and some of the injuries were grievous.

After having gone through the case diary of both the F.I.R. and after having heard learned Counsel for the parties in my opinion both the applications should be allowed. So far as ladies accused petitioners u/s 438 Cr. PC are concerned it may be stated that the allegations against them are of general nature and looking the tendency these days of the possibility of over implication cannot be excluded, I am inclined to allow them on bail u/s 438 Cr. PC. So far as other accused petitioners are concerned, Prabhati died as a result of titenus. It has not been stated that who out of 24 persons caused injuries to her.

Consequently, both the applications are allowed and directed that accused petitioners named above in F.I.R. No. 68/89 P.S. Tehla, Dislt. Alwar the S.H.O./I.O. shall release each of the accused petitioner on each of them furnishing a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction with an undertaking to appear before him for interrogation/investigation as and when they are called upon to do so and further undertaking not to temper any of such persons who are conversant with the facts of the case.

It is further directed that the accused-petitioners Arjun, Jai & Rampal be released on bail on each of them furnishing a personal bond in the sum of Rs. 10,000/- with two sureties of Rs. 5,000/-each to the satisfaction of the trial court stipulating to appear in that court or any other court on all dates of hearing as and when they are called upon to do so.