LAWS(HPH)-2012-1-31

ASHA RANI Vs. STATE OF H.P.

Decided On January 17, 2012
ASHA RANI Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS is an application, under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 22/2011 dated 25.3.2011 under sections 302, 34 IPC registered at Police Station, Bharari, District Bilaspur, H.P.

(2.) THE application has been casually drafted. The application has been filed by Asha Rani wife of Krishan Chand, but at several places in the application reference has been made like' wife of the petitioner' meaning thereby that petition has been filed by husband on behalf of wife. This apart what emerges from the application is that petitioner is innocent, she has been falsely implicated in the case. There are two accused, namely Jai Devi and Asha Rani. Jai Devi has been released on bail. It has been stated that deceased Sukh Ram died of old age and not for the reasons attributed to the petitioner. It has been stated that petitioner had earlier filed some bail applications, which have been rejected or withdrawn. The further detention of the petitioner is not necessary. The three children of the petitioner are studying and they require the services of the petitioner as there is no one in the family to look after the children of the petitioner. The prayer has been made for releasing the petitioner on bail.

(3.) IT has been stated that till now some PWs have been examined and next date of hearing in the case before the trial court has been fixed on 27.1.2012 for PWs. The bail application of the petitioner was earlier rejected by Addl. Sessions Judge, Ghumarwin on 16.5.2011, the petitioner filed Cr.MP(M) No. 405/2011 in this court, which was withdrawn on 13.6.2011, the petitioner filed another bail application, which was dismissed by the learned Addl. Sessions Judge, Ghumarwin on 31.8.2011, thereafter the petitioner filed another bail application, which was dismissed by Addl. Sessions Judge (FTC), Ghumarwin on 31.12.2011.