Vibhuti vs State Of Rajasthan

Devendra Kachhawaha, J

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.278/2019, Police Station Sadar Kotwali, District Banswara, registered for the offence punishable under Sections 420, 406 and 120-B of the Indian Penal Code.

Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.16819/2021) by this Court, vide order dated 05.01.2022, liberty was granted to file a fresh bail application after filing of the charge-sheet; thereafter, charge- sheet has been filed; offences are triable by Magistrate; petitioner is a lady; benefit of bail has been granted to co-accused persons, viz., Dinesh, Deepak, Kishan, Rameshchandra and Dinesh; petitioner is behind the bars since 01.09.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by learned counsel for the petitioner.

Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by the First Class Magistrate; charge-sheet has been filed; benefit of bail has been granted by co-ordinate Bench of this Court to co-accused persons, viz., Dinesh, Deepak & Kishan vide order dated 09.03.2022 (Bail Application No.3186/2022) and Rameshchandra & Dinesh vide order dated 04.03.2022 (Bail Application No.2944/2022); the proviso of Section 437 Cr.P.C. is itself very clear that liberal view should be adopted for women while considering bail prayer; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the second bail application is allowed. It is ordered that the petitioner, Vibhuti W/o Deepak Gehlot, arrested in connection with F.I.R. No.278/2019, Police Station Sadar Kotwali, District Banswara, shall be released on bail, if not wanted in any other case; provided she furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each (one shall be a local surety) 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.