RAJWATI Vs. STATE OF H.P.

JUDGEMENT

(1.) A mother and her daughter have filed these two separate bail petitions under Sec. 438 of the Code of Criminal Procedure. Both of them are accused in FIR No.08/21 dtd. 15/1/2021, registered under Sec. 380 and 34 of the Indian Penal Code, at Police Station Paonta Sahib, District Sirmaur, H.P.

(2.) Interim protections were granted to the petitioners vide order dtd. 11/6/2021, subject to the conditions mentioned therein.

(3.) Heard learned counsel for the parties and gone through the status report. The case as set up by the prosecution is that one Smt. Sonia filed a complaint with the police on 15/1/2021. The complaint was in respect of theft, which was allegedly committed by the accused persons in the house of the complainant on 5/11/2020. It was alleged that Laxmi (petitioner in Cr.MP(M) No.1038/2021) and her mother Rajwati (petitioner in Cr.MP(M) No.1037/2021) used to work as domestic helpers in complainant's home. On 5/11/2020, Rajwati engaged the complainant in small talks. Taking advantage, her daughter Laxmi stole certain jewellery articles from the complainant's home viz. one gold Chain, one gold ring and a pair of tops. The complainant further stated that she noticed the theft in the evening of 5/11/2020 itself. Complainant suspected the petitioners to be behind this theft and therefore, summoned them to her house. On 6/11/2020, both the petitioners came to the complainant's home and denied stealing any jewellery articles. A complaint with the above allegations was lodged by Smt. Sonia on 15/1/2021. On the basis of this complaint, FIR was registered.