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Rajasthan High Court · body

2005 DIGILAW 2619 (RAJ)

Ganga Devi v. State

2005-09-29

HARBANS LAL

body2005
JUDGMENT 1. - Heard learned counsel for petitioner Smt. Ganga Devi, learned Public Prosecutor for the State and perused the relevant documents placed before me. 2. It is inter-alia contended that the petitioner is a woman having grand-daughter of about two & a half months and there is no other female member in the family to look after her. There is no specific allegation about demand of dowry or cruelty against her. The allegation of demand of dowry and cruelty is against the husband. As per the post-mortem report Mst. Bimla has died due to cardiac respiratory failure and the report of the F.S.L. has not been received as yet. Even the allegation of administering poisonous substance to the deceased is against Sagarmal, the husband and not against the present petitioner. 3. Learned PP also could not controvert these contentions. He has rather fairly conceded that the main allegation of administering poison to the deceased is against the husband and not against the present petitioner. 4. Having considered submissions made at the bar, the nature of accusation against her, the materials on record, the fact that she is a woman and all other facts and circumstances of the case, I deem it just and proper to release her on bail. 5. In the result, this bail application u/s. 439 Cr.PC. is allowed and it is directed that petitioner Smt. Ganga Devi W/o Ganpat Singh shall be released on bail in FIR No.115/2005 P.S. Ajitgarh, District Sikar for offences under Sections 498-A and 304-B IPC on her furnishing a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to the satisfaction of the concerned Court for the appearance before that court on all dates of hearing until conclusion of the trial.Bail Granted. *******