HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 12452/2021

1.

Santosh Meena W/o Raju @ Rajesh, R/o House No. 09

Bhairu Meena Ka Bagh Gurjar Ghati Amer Road Jaipur

Raj. (At Present Accused Petitioner Confined In Central

Jail Jaipur)

2.

Manisha D/o Raju @ Rajesh, R/o House No. 09 Bhairu

Meena Ka Bagh Gurjar Ghati Amer Road Jaipur Raj. (At

Present Accused Petitioner Confined In Central Jail Jaipur)

----Petitioners

Versus

The State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Ms. Anushree Sharma for

Mr. Manoj Kumar Meena

For Respondent(s)

:

Mr. Mangal Singh Saini

Mr. Krishan Chander Sharma

Mr. Ravindra Sharma,

Mr. Kunal.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

30/09/2021

In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

This Court perused the material available on record.

The petitioners have been arrested in connection with FIR

No.0343/2021 of Police Station Brahmpuri, District Jaipur City

(North) for the offences punishable under Sections 452, 323, 143,

341, 354, 379, 308 IPC and Sections 7 & 8 of POCSO Act. They

have preferred this bail application under Section 439 Cr.P.C.

(2 of 2)

[CRLMB-12452/2021]

Leaned counsel for the petitioners submits that the

petitioners are in custody since 12.06.2021. Learned counsel

further submits that the petitioners are only seeking invocation of

proviso to Section 437 Cr.P.C. as both the petitioners are ladies

and charge-sheet in this case has been filed and a prolonged

period of custody has already undergone by them.

Learned Public Prosecutor as well as learned counsel for the

complainant vehemently opposed the bail application.

Without going into the merits of the case, this Court deems it

just and proper to grant bail to the accused petitioners under

Section 439 Cr.P.C. only on count of proviso to Section 437 Cr.P.C.,

as there is a prolonged custody undergone by the present

petitioners and the charge-sheet in this case has already been

filed.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners (1) Santosh

Meena W/o Raju @ Rajesh and (2) Manisha D/o Raju @

Rajesh shall be released on bail in connection with FIR

No.0343/2021 of Police Station Brahmpuri, District Jaipur City

(North) provided each of them execute 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 their appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(DR.PUSHPENDRA SINGH BHATI),J

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