SUSHILA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.271/2022 registered at Police Station Kotwali Nagaur, Dist. Nagaur, for the offences under Ss. 326-A and 307 IPC. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, petitioner caused burn injuries to her husband by putting live wire on his body. Drawing attention of the Court towards the injury report of the injured, learned counsel submitted that the injuries allegedly caused by the petitioner are simple in nature.

(2.) Learned counsel submitted that the petitioner who is a lady is in judicial custody from the last more than ten months. The investigation against her has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposed the bail application. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner does not have any criminal antecedents; all injuries allegedly caused by the petitioner to injured are simple in nature; the petitioner is in judicial custody and the prosecution has not shown any apprehension of her influencing the material witnesses of the case or tampering of evidence, in case she is enlarged on bail. The prosecution has also not shown any apprehension of petitioner fleeing away from justice. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

(3.) Accordingly, the second bail application under Sec. 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Sushila D/o Dungar Ram shall be enlarged on bail in connection with FIR No.271/2022 registered at Police Station Kotwali Nagaur, Dist. Nagaur, provided she furnishes a personal bond in the sum of Rs.50,000.00 with two sureties of Rs.25,000.00 each to the satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to so. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.