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2022 DIGILAW 720 (RAJ)

Firoza Bano W/o Akhtar Ali v. State of Rajasthan

2022-03-03

DEVENDRA KACHHAWAHA

body2022
JUDGMENT : 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.46/2022, Police Station Surajpol, District Udaipur, registered for the offence punishable under Sections 308, 326 and 498-A of the Indian Penal Code. 2. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner does not want to press the present bail application at this stage for the petitioner No.2 Smt. Reenu Aaysha Asharafi W/o Aasif Ali. 4. Accordingly, the present bail application moved under 5. Section 439 Cr.P.C. on behalf of the accused-petitioner No.2 - Smt. Reenu Aaysha Asharafi W/o Aasif Ali, stands dismissed as not pressed at this stage. 6. Learned counsel for the petitioner No.1 stated that petitioner is an old lady of 65 years and the mother-in-law of the injured; no specific allegation has been levelled upon the petitioner; specific allegation has been levelled upon co-accused Reenu Aaysha Asharafi; petitioner is behind the bars since 07.02.2022; no investigation or recovery is pending against the petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 7. Per contra, learned Public Prosecutor has fervently and vehemently opposed the bail application of the accused-petitioner and stated that as per the statement of injured - Muskaan, she was regularly harassed by the accused-petitioner and other co- accused persons. 8. Having regard to the facts and circumstances of the case, particularly looking to the facts that allegation of instigation has been levelled upon the husband of the injured and not on the accused-petitioner; accused-petitioner is an old lady of 65 years; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 9. Consequently, the bail application is allowed. 9. Consequently, the bail application is allowed. It is ordered that the petitioner No.1, Firoza Bano W/o Akhtar Ali, arrested in connection with F.I.R. No.46/2022, Police Station Surajpol, District Udaipur, shall be released on bail, if not wanted in any other case; provided she furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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.