Sita vs State Of Rajasthan

Vinit Kumar Mathur, J

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.25/2020, Police Station Seruna, District Bikaner for the offence punishable under Sections 449, 302 & 34 of IPC.

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

Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner on 07.01.2021, the statements of only two witnesses have been recorded before the trial court so far. Learned counsel for the petitioner also submits that the deceased Mala Ram was regularly visiting the house of the petitioner. He further submits that on the date of incident, there was a free fight between the petitioner, the deceased and the husband of the petitioner-Jetha Ram in which Mala Ram sustained fatal injuries. Learned counsel for the petitioner also submits that there was no intention on the part of the petitioner to cause any fatal injuries, however, in the heat of the moment, during the incident which occurred on the unfateful day, Mala Ram succumbed to the injuries suffered by him. Learned counsel submits that the petitioner is a lady having three children and has already suffered incarceration for more than 4 years. He, therefore, prays that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail application, however, is not in a position to refute the submissions made by the counsel for the petitioner that the petitioner has suffered incarceration for more than 4 years.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the petitioner has undergone incarceration for more than 4 years, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Consequently, the present second bail application is allowed. It is ordered that the accused-petitioner Sita W/o Jetha Ram arrested in connection with FIR No.25/2020, Police Station Seruna, District Bikaner, shall be released on bail; provided she furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.