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Pushpa Devi Vs. State - Court Judgment

LegalCrystal Citation
CourtRajasthan Jodhpur High Court
Decided On
AppellantPushpa Devi
RespondentState
Excerpt:
.....mr.rajendra charan, for the applicant. mr.vikram rajpurohit, public prosecutor. this is second bail application. the firs.bail application was dismissed as withdrawn on 18.10.2003. this criminal misc. second bail application under section 439 cr.p.c.has been filed by the applicant with a prayer for releasing her on bail. learned counsel for the applicant has submitted that the applicant has falsely been implicated in this matter. learned counsel for the applicant has also stated that the prosecution witnesses have levelled allegations against all the accused persons and no specific role has been assigned to the applicant. it is further contended that the applicant being a lady is entitled for releasing on bail. it is further submitted that in fact, the fatal injuries were blown by.....
Judgment:

1 S.B.CR.

MISC.

SECOND BAIL APPLICATION NO.9539/2014 Pushpa Devi V/S State of Rajasthan Dated of order : 08.12.2014 HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr.Rajendra Charan, for the applicant.

Mr.Vikram Rajpurohit, Public Prosecutor.

This is Second Bail Application.

The FiRs.Bail Application was dismissed as withdrawn on 18.10.2003.

This Criminal Misc.

Second Bail Application under Section 439 Cr.P.C.has been filed by the applicant with a prayer for releasing her on bail.

Learned counsel for the applicant has submitted that the applicant has falsely been implicated in this matter.

Learned counsel for the applicant has also stated that the prosecution witnesses have levelled allegations against all the accused persons and no specific role has been assigned to the applicant.

It is further contended that the applicant being a lady is entitled for releasing on bail.

It is further submitted that in fact, the fatal injuries were blown by the other co-accused persons and there is no allegation of blowing fatal injuries against the applicant.

Learned Public Prosecutor has opposed the Second Bail Application filed by the applicant.

Heard learned counsel for the applicant and 2 the learned Public Prosecutor and also perused the material available on record.

An FIR No.1/2013 dated 03.01.2013 of Police Station, Kareda, District Bhilwara was registered inter alia against the applicant for the offence punishable under Sections 302, 323, 341 IPC.

Having regard to the nature of accusation and taking into consideration the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to enlarge the accused applicant- Pushpa Devi W/o Narendra Singh Rawat on bail.

Accordingly, this second bail application filed under Section 439 Cr.P.C.is allowed and it is directed that applicant-Pushpa Devi W/o Narendra Singh Rawat shall be released on bail in connection with FIR No.1/2013 dated 03.01.2013 of Police Station, Kareda, District Bhilwara 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.

[VIJAY BISHNOI].,J.

Abhishek 27


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