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2017 DIGILAW 2632 (RAJ)

Sapna Sharma v. State Of Rajasthan

2017-11-30

BANWARI LAL SHARMA

body2017
JUDGMENT ORDER Banwari Lal Sharma, J. - The present Misc IV bail application under section 439 Cr.P.C., 1973 is preferred by the Accused/petitioner in the matter of FIR No. 04 of 2017 registered at Police Station S.O.G. Jaipur for offences punishable under Sections 193, 195, 196, 199, 211, 384, 388, 389, 34 and 120-B of IPC. 2. Learned counsel for the petitioner Mr. Narendra Kumar Sharma submits that though petitioner has implicated falsely in this matter, she is in custody since 07.03.2017, the allegation against her is that she extorted money from complainant on pretext of lodging false complaint regarding committing rape by the complainant and thereafter after receiving the money from complainant, withdrawal the complaint. 3. He submits that the allegation against the present petitioner is that she received Rs. 3,00,000/- with co-accused Bajrang Lal, though the allegations are false but still she is ready to deposit Rs. 1,50,000/- under protest before the Trial Court, she is a very poor lady, investigation has been completed and charge-sheet has already been filed, therefore her fourth bail application may be allowed. 4. Learned Public Prosecutor Mr. Jitendra Shrimali, on instructions of Investigating Officer Mr. Manoj Kumar Gupta, C.I., SOG, Jaipur submits that as per his investigation coaccused Bajrang Lal and present petitioner jointly received Rs. 3,00,000/- from complainant out of the entire amount. 5. He submits that if petitioner-accused deposits half of the aforesaid amount i.e. Rs. 1,50,000/- then considering the fact that other co-accused have already been released on bail, she may also be released on bail. 6. I have considered the submissions made at bar. 7. It is true that the allegations against the present petitioner are very serious but she is in custody since 07.03.2017, after investigation charge-sheet has been filed and she is willing to deposit the alleged amount before the Trial court under protest, in view of it I am inclined to grant benefit of bail to the accused-petitioner. 8. Consequently, the fourth bail application filed under Section 439 Cr.P.C., 1973 is allowed. 9. Therefore, it is ordered that the accused-petitioner Smt. Sapna Sharma W/o Shri Kailash Sharma in FIR No. 04 of 2017 registered at Police Station S.O.G. Jaipur, shall be released on bail; provided she deposits Rs. one lac fifty thousand before the Trial Court and also furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 9. Therefore, it is ordered that the accused-petitioner Smt. Sapna Sharma W/o Shri Kailash Sharma in FIR No. 04 of 2017 registered at Police Station S.O.G. Jaipur, shall be released on bail; provided she deposits Rs. one lac fifty thousand before the Trial Court and also furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so. 10. If in future, involvement of present petitioner is found in any other similar type of criminal case, then concern SHO will have liberty to file application before the learned Trial Court for cancellation of this bail order and learned Trial Court will have liberty to cancel this bail order without further reference to this Court. 11. It is also made clear that the amount deposited by the petitioner shall not be considered as admission of the petitioner during trial and the amount so deposited may be disbursed to the victim on supurduginama by the Trial Court after seeking Incometax Clearance Certificate from him on usual conditions.