HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 8387/2023

Manju Devi W/o Champa Lal, Aged About 31 Years, B/c Baori R/o

Baggad Tehsil Riyan Badi Dist. Nagaur

(Presently Lodged In Woman Detention Home Ajmer)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr.Bhawani Singh.

For Respondent(s)

:

Mr.Vikram Sharma, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

ORDER

20/07/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

FIR No.23/2022 registered at Police Station Padu Kalla, District

Nagaur, for offences under Sections 302, 201/34 and 120-B IPC.

Learned counsel for the petitioner submitted that the

petitioner who is in custody since 03.02.2022 has been falsely

implicated in the present case. Learned counsel submitted that the

petitioner has not been named in the F.I.R. Learned counsel

submitted that the petitioner has been implicated as an accused

only on the basis of circumstantial evidence. Learned counsel

submitted that to book the petitioner in the commission of alleged

crime, only significant evidence available against him is certain

mobile call details between her and co-accused Ramchandra.

Learned counsel further submitted that mobile calls sans

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[CRLMB-8387/2023]

transcripts between petitioner and co-accused Ramchandra in

itself are not enough to establish guilt / intention of the petitioner

to commit the alleged crime. Learned counsel submitted that no

recovery has been made from the present petitioner. The

interrogation note of the accused petitioner recorded by the police

officer so as to show her involvement in commission of the crime

is hit by Section 25 of the Indian Evidence Act.

Learned counsel submitted that the petitioner is in judicial

custody, challan has been filed and the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be

granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail

application.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner- Manju Devi

W/o Champa Lal shall be enlarged on bail in connection with FIR

No.23/2022 registered at Police Station Padu Kalla, District

Nagaur, provided she furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for her appearance before

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[CRLMB-8387/2023]

the court concerned on all the dates of hearing as and when called

upon to so.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J

Prashant

Sr.No.194