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2020 DIGILAW 630 (RAJ)

Usha Harijan v. State

2020-09-07

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - Both the above bail applications shall stand decided by this common order as they arise out of the same FIR. 2. The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.292/2020, Police Station Pratapnagar, District Udaipur for the offence under Sections 341, 323 & 302/34 of IPC. 3. Heard learned counsel for the parties. Perused the material available on record. 4. Learned counsel for the petitioner submits that the chargesheet in the case has been filed. He further submits that as per the statement of eye witness Narayan (son of the deceased) recorded under Section 164 Cr.P.C., he has stated that on a trivial issue, there was a fight between the petitioners and his wife and mother in which Lakshmi has inflicted the lathi blows on the head of his mother due to which, she fell down and got unconscious. He further submits that the fatal injuries are assigned to Lakhsmi. Therefore, it is prayed that the petitioners may be enlarged on bail. 5. Learned Public Prosecutor opposes the bail application. 6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail. 7. Consequently, the present bail applications filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accusedpetitioners (1) Smt Usha Harijan W/o Sh. Vinod @ Ladu Harijan & (2) Vinod @ Ladu Harijan S/o Sh. Peeru Harijan arrested in connection with F.I.R. No.292/2020, Police Station Pratapnagar, District Udaipur shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.