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HIGH COURT OF RAJASTHAN
DEVENDRA KACHHAWAHA
MANPREET KAUR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/17361/2021
BAIL - RAJASTHAN EXCISE ACT, 1950 - SECTION 19/54 - BAIL GRANTED TO CO-ACCUSED - LIBERAL VIEW FOR WOMEN - BAIL GRANTED
Fact of the Case:
The petitioner, a 32-year-old woman, was arrested in connection with an FIR registered under Section 19/54 of the Rajasthan Excise Act, 1950. The co-accused, Jitendra Kumar, had been granted bail by a coordinate bench of the court. The petitioner argued that she was falsely implicated in the case as the owner of the vehicle, that the offenses were triable by a magistrate, and that the trial would take time.
Finding of the Court:
The court noted that the offenses were triable by a magistrate, that the petitioner was a woman, and that the trial would take time. The court also considered the fact that bail had been granted to the co-accused.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner should be granted bail, considering her age, gender, the nature of the offenses, and the fact that bail had been granted to the co-accused.
Final Decision: The court allowed the bail application and ordered the petitioner to be released on bail on furnishing a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 17361/2021
Manpreet Kaur W/o Gurmeet Singh, Aged About 32 Years, R/o
Ward No 7 Village Indragarh S I D G Hanumangarh Police Thana
Sangariya Dist. Hanumangarh.
(At Present Lodged In Dist. Jail Dungarpur)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s)
:
Mr. Jitendra Ojha through VC
For Respondent(s)
:
Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
06/01/2022
In wake of onslaught of COVID-19, as per guidelines,
lawyers have been advised to refrain from coming to the Courts,
therefore, hearing of the matter is being taken up only through
video conferencing.
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.88/2020-21, Police Station Excise
Kherwada, District Udaipur, registered for the offence punishable
under Section 19/54 of Rajasthan Exice Act.
(2 of 3)
[CRLMB-17361/2021]
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 offences are
triable by Magistrate; petitioner is a 32 years old lady; petitioner
has falsely been implicated in this case being the owner of the
vehicle; charge-sheet has been filed; benefit of bail has been
granted to the co-accused Jitendra Kumar from whose custody
liquor has been recovered; 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 of the accused-petitioner.
Having regard to the facts and circumstances of the case,
particularly looking to the facts that offences are triable by First
Class Magistrate; benefit of bail has been granted to co-accused
Jitendra Kumar by co-ordinate Bench of this Court vide order
dated 15.01.2021 (Bail Application No.265/2021); accused-
petitioner is a 32 years old lady, therefore, a liberal view should be
taken for women while granting benefit of bail having regard to
the proviso of Section 437 Cr.P.C.; 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.
(3 of 3)
[CRLMB-17361/2021]
Consequently, the bail application is allowed. It is ordered
that the petitioner, Manpreet Kaur W/o Gurmeet Singh,
arrested in connection with F.I.R. No.88/2020-21, Police
Station Excise Kherwada, District Udaipur, 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.
(DEVENDRA KACHHAWAHA),J
79-Rashi/-
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