BHANWAR KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as the Public Prosecutor for the State. Perused the order impugned.

(2.) It Is submitted by learned counsel for the petitioner that complainant Bhabhut Singh himself filed an affidavit before the Sessions Judge, Udaipur in Criminal Misc. Case No. 907 of 2005 arising out of FIR No. 135 of 2005, RS. Dabok wherein the complainant appeared before the Trial Court and stated that he filed the affidavit on his own accord, wherein it has been stated that in heat of passion, he lodged the report against the co-accused including the present petitioner whereas the deceased herself committed suicide and was not subjected to cruelty. This fact has been mentioned in the order dated 22.7.2005 passed by Sessions Judge in the above referred case.

(3.) Having regard to the facts and circumstances of the case and keeping in view the oral arguments advanced by both the parties, I consider it just and proper to grant anticipatory bail to the petitioner. Accordingly, the bail application filed by petitioner under Sec. 438 Cr.PC. is allowed and it is directed that in the event of arrest of petitioner Smt. Bhanwar Kunwar w/o Bhairu Singh Rajput in FIR No. 135 of 2005, RS. Dabok, Distt. Udaipur she shall be released on bail for a period till the police concludes the investigation and files the challan provided she furnishes personal bond in the sum of Rs. 20,000.00 alongwith one surety of like amount each to the satisfaction of Investigating Officer to appear before the Trial Court on the date the police files the challan with the following conditions: