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2021 DIGILAW 1301 (RAJ)

Pooja Devi v. State of Rajasthan

2021-08-03

MAHENDAR KUMAR GOYAL

body2021
ORDER 1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.214/2021 registered at Police Station Udhyog Nagar, District Sikar for the offence under Section 302 of IPC and later on for the offence under Section 306 of IPC. 2. Learned counsel for the petitioner submitted that finding the allegation against her of murdering her husband to be false, charge sheet has been filed under Section 306 IPC. He submitted that the material on record in the shape of statements of the prosecution witnesses and transcript of the so called mobile conversation reveals trivial matrimonial dispute between the parties and there is complete absence of element of abatement to the extent it could compel the deceased to commit suicide. Learned counsel submitted that the petitioner is in custody since23.04.2021, charge sheet has been filed, she has no criminal antecedents, trial of the case will take time, she has minor children and prayed for her release on bail. 3. Learned Public Prosecutor has opposed the bail application. 4. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against her, her length of custody, filing of charge sheet, the material contained therein and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Pooja Devi W/o Sunil Kumar D/o Tara chand shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided she furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.