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2023 Supreme(Raj) 1043
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Gayatri @ Gantar – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 113 of 2023
Decided On : 06-01-2023
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
INDIAN PENAL CODE : S.308, S.317
Headnote
Bail - Regular Bail - Summary
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. seeking regular bail for offences under Sections 317 and 308 of IPC. The petitioner claimed to be falsely implicated and requested bail due to the expected lengthy trial.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioner should be granted bail considering the nature of the offences and the petitioner's claim of being falsely implicated.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was directed to be released on bail upon fulfilling certain conditions.
R.S. Chundawat, Advocate, S.K. Mehar, Advocate
JUDGMENT
Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 01/2021 registered at Police Station Kotadi, District Bhilwara for the offences punishable under Sections 317 and 308 of IPC.
2. Counsel for the petitioner submits that the petitioner is a lady and she has been falsely implicated in this case. The accused petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail application.
3. Having regard to 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 grant bail to the accused petitioner under Section 439 Cr.P.C.
4. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Smt. Gayatri @ Gantari D/o Bhanwar Lal shall be released on bail in connection with FIR No. 01/2021 registered at Police Station Kotadi, District Bhilwara provided she executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-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.
