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2021 DIGILAW 497 (RAJ)

Suva Devi v. State Of Rajasthan

2021-03-01

VIJAY BISHNOI

body2021
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No.97/2021 of Police Station Sankra, District Jaisalmer for the offences punishable under Sections 302, 201 and 120-B IPC. She has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the allegation against the petitioner of helping co-accused-Dhapu Devi, who happened to be the daughter of the petitioner, in committing murder of husband of Dhapu Devi is absolutely false. It is argued that the police have failed to collect any evidence of this effect that the petitioner helped co-accused Dhapu Devi or hatched a conspiracy to kill husband of co-accused Dhapu Devi. It is submitted that the police have concluded that since the petitioner was in regular contact with co-accused Dhapu Devi on telephone, she was also a member of conspiracy. It is argued that due to the fact that the mother and daughter were in contact on telephone, it cannot be said that they hatched a conspiracy. It is submitted that such type of evidence does not conclude that the petitioner was involved in commission of crime. It is submitted that the charge-sheet has been filed and the trial of the case will take time. 4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 5. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner - Smt. Suva Devi W/o Shri Mota Ram shall be released on bail in connection with FIR No.97/2021 of Police Station Sankra, District Jaisalmer provided she executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.