HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 8221/2021

Kanahaiya Lal S/o Bhagwan Lal Gurjar, Aged About 48 Years,

Tadawada Solankiya, P.S. Charbhuja, Dist. Rajsamand.

(At Present Lodged In Dist. Jail, Rajsamand).

----Petitioner

Versus

State Of Rajasthan through P.P.

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 7813/2021

Santosh Bai @ Santu Bai W/o Bhagwan Lal, Aged About 45

Years, Tadawada Solankiyan, Police Station Charbhuja, Dist.

Rajsamand.

(At Present Lodged In District Jail, Rajsamand).

----Petitioner

Versus

State Of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. Deepak Menaria through VC

For Respondent(s)

:

Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

(VACATION JUDGE)

Order

25/06/2021

In S.B. Criminal Misc. Bail Application No. 8221/2021:-

(Kanahaiya Lal Vs. State of Rajasthan)

Learned counsel for the petitioner submits that he wants to

withdraw the present bail application filed under Section 439

Cr.P.C. on behalf of the petitioner.

Accordingly, the present bail application moved on behalf

of the petitioner Kanahaiya Lal S/o Bhagwan Lal Gurjar

filed under Section 439 Cr.P.C. is dismissed as withdrawn.

In S.B. Criminal Misc. Bail Application No. 7813/2021:-

(Santosh Bai @ Santu Bai Vs. State of Rajasthan)

The present 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.112/2021, Police Station

Charbhuja, District Rajsamand, registered for the offences

under Section 341, 323, 307 and 504/34 of the Indian Penal

Code.

Heard learned counsel for the petitioner through video

conferencing and learned Public Prosecutor, present-in-person.

Perused the material available on record.

Learned counsel for the petitioner stated that petitioner is

a 45 years old lady; no injury has been declared as grievous

and dangerous to life; no specific injury has been attributed to

the petitioner; and trial will take time. With these submissions,

learned counsel for the petitioner prayed that the benefit of bail

may be granted to the petitioner.

Per contra learned Public Prosecutor has opposed the bail

application and stated that allegations have been leveled

against both the accused-petitioners; statement of the injured

has not been recorded till today and expert opinion in regard to

the injury report prepared on 25.05.2021 has not been

obtained yet.

Having regard to the facts and circumstances of the case,

particularly looking to the facts that the petitioner is a 45 years

old lady; the expert opinion on the injury report which had

been prepared before one month has still not been obtained till

today; 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 bail application is allowed. It is ordered

that the petitioner Santosh Bai @ Santu Bai W/o Bhagwan

Lal arrested in connection with F.I.R. No.112/2021, Police

Station Charbhuja, District Rajsamand, 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 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.

However, it is made clear that after obtaining expert

opinion, if it is found that the injuries are declared grievous in

nature and are dangerous to life then, the prosecution shall be

at liberty to file an application seeking cancellation of bail.

(DEVENDRA KACHHAWAHA), VJ

21-22-Rashi/-