Nirmala Devi @ Foyili vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.451/2019,

Police Station Nohar, District Hanumangarh, for the offences under Sections 498-A, 304-B, 323, 34 IPC and in the alternate 306 IPC.

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

Learned counsel for the petitioner submits that no offence whatsoever has been made out against the petitioner. He further submits that accused

petitioner is sister in law of the deceased, who visited her parential house to enquire about her brother. The brother of deceased has been examined,

who has turned hostile and has not supported the version of the prosecution. He further stated that the accused petitioner resides separately and no

demand of dowry has been raised from deceased by her and deceased was never beaten by her.

Learned Public Prosecutor has opposed the bail application. Having considered the rival contentions of both the parties and particularly the fact that

the accused petitioner is the sister in law of the deceased who admittedly resides separately, therefore, looking to all the facts and circumstances of

the case, without expressing any opinion in the merits, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Nirmala Devi @ Foyili W/o Sahab Ram arrested in

connection with F.I.R. No.451/2019, Police Station Nohar, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.