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Radha vs State Of Rajasthan

Rajasthan High Court · Decided on 19 December 2023 · Citation: (2023) 12 RAJ CK 0080

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120(B), 201, 302 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Second Bail Application No. 2118 Of 2023
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Judgment

6 paragraphs · 355 words

Vijay Bishnoi, J

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.124/2017 of Police Station Kotwali, District Banswara for the offences punishable under Sections 302, 120(B) and 201/34 IPC. She has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that she conspired with her husband committed murder of deceased Mahesh Kumar. It is also submitted that the police have failed to collect any direct evidence regarding role of the petitioner in commission of crime and the case against the petitioner is based on circumstantial evidence only. It is further submitted that the petitioner is a lady and in custody since 22.09.2017 and till date trial against her has not been concluded. It is also submitted that the allegation of inflicting fatal injury by a knife is against co-accused Kaptan Shukla, who happens to be the husband of the petitioner.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after taking into consideration the fact that the petitioner is a lady, the allegation of inflicting fatal injury by knife on the body of the deceased is against co-accused Kaptan Shukla and looking to the custody period of the petitioner, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner - Smt. Radha W/o Kaptan shall be released on bail in connection with FIR No.124/2017 of Police Station Kotwali, District Banswara provided she executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.