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2006 DIGILAW 2693 (RAJ)

Kumari Lalee v. State of Rajasthan

2006-09-08

JITENDRA RAY GOYAL

body2006
JUDGMENT 1. - Heard learned counsel for accused petitioners, learned Public Prosecutor for the State, perused the case diary and other material including the dying declaration of deceased Renu and the statement of Ram Singh (PW6) recorded in the court. 2. Learned counsel for accused petitioners contended that the petitioner No. 1 Kumari Lalee & No. 2 Smt. Prema are respectively unmarried sister and mother of co-accused Jitendra. It is also contended that the deceased Renu and her husband Jitendra both were residing separately from the present accused petitioners and since last number of months both came at Jaipur to earn their livelihood and prior to this they were residing at Ghatampur, (Uttar Pradesh). It is also submitted that dying declaration was recorded by the police in the hospital wherein she has not alleged anything against the present accused petitioner and stated that she was married with Jitendra Kumar on 21.06.2003 and since last four months she was residing at Jaipur with her husband and on account of anger she poured the kerosene oil on her body and ablazed herself to fire. It is also submitted that the accused petitioners have falsely been implicated in this matter and the so-called letters were also found to be suspected by the police during the investigation and it is not the case that those letters were written within short period of her death. 3. Learned Public Prosecutor opposed the bail application and contended that the deceased Renu wrote few letters to her father wherein she has alleged tortures behaviour of the accused petitioners. 4. Having considered the rival submissions made at the bar, nature of accusation, material specifically the dying declaration made by the deceased Renu and the statement of Ram Singh (PW6) recorded in the court and all other facts and circumstances, I deem it proper to give the benefit of pre-arrest bail to accused petitioners Kumari Lalee and Smt Prema. 5. In the result, the bail application is allowed and it is directed that in the event of arrest of petitioners Kumari Lalee D/o Kailash Narayan and Smt. Prema W/o. Kailash Narayan, they shall be released on bail by the concerned SHO/Investigating Officer in FIR No. 129/2006 registered at Police Station Jhotwara, Jaipur City, Jaipur provided each of them furnishes a personal bond in the sum of Rs. 10,000/- together with two sureties each in the sum of Rs. 10,000/- together with two sureties each in the sum of Rs. 5,000/- to his satisfaction on the following conditions :1. that the petitioners shall make themselves available for interrogation by a police officer as and when required; 2. that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer; and 3. that the petitioners shall not leave India without previous permission of the Court. Bail allowed. *******