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2005 DIGILAW 1314 (RAJ)

Basanti Devi v. State of Rajasthan

2005-05-04

KRISHAN KUMAR ACHARYA

body2005
Judgment K.K. Acharya, J.-Learned Counsel for the petitioner states that previously first bail application was filed before Jaipur Bench, Jaipur whereby the bail application was disposed of with the direction that jurisdiction lies with the Principal Bench at Jodhpur and it was returned to this Court. 2. Heard learned Counsel for the petitioners as well as learned Public Prosecutor for the State. 3. Learned Counsel for the petitioners states that present accused-petitioners were arrested under Sections 3, 4, 5 and 6 of the Sati Prevention Act, 1987. He states that investigation has already been done and accused-petitioners are in custody. He also states that they have not committed any offence and attempted to commit any offence or abated to commit any offence under the Act. He further states that accused-petitioner will not misuse the bail, therefore, bail may be granted. 4. Learned Public Prosecutor opposed this bail application and states that looking to the gravity of offence, bail may not be granted. 5. I have considered the rival arguments advanced by both the parties and gone through the case diary. Looking to all the facts and circumstances of the case as also the fact that accused-petitioners are in custody and trial of the case will take time, without commenting on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 439, CrPC, is allowed and it is ordered that the accused-petitioners Smt. Basanti Devi W/o Ganpat Das and Ganpat Das S/o Laxmi Das shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs. 20,000/-with two sureties of Rs. 10,000/-each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing as and when called upon to do so alongwith the condition that accused-petitioners will not misuse the bail and not repeat such offence in future and will live in peace.