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CHUNNI DEVI & ORS. v STATE - CRLMB Case No. 4621 of 2007 [2007] RD-RJ 4735 (24 September 2007)


(Chunni Devi and Ors. Vs. State of Rajasthan)

DATE OF ORDER : 24/09/2007


Mr. J.S.Choudhary for the petitioners.

Mr. Ashok Upadhayay, Public Prosecutor for State.

Mr. D.K.Godara for the complainant.

Heard learned counsel for the petitioners and Public

Prosecutor for the State assisted by counsel for the complainant.

Perused the order impugned and police investigation diary.

It is contended by learned counsel for the petitioners that there is cross case being FIR No.101/07 in which injured

Dhannaram and 7-8 others are accused and they have been granted anticipatory bail by learned Sessions Judge, Jodhpur.

The petitioners are injured. There is no specific overt act assigned to the present petitioners and they are ladies. The allegation of causing injuries are against Babulal and Bhanwarlal.

At any rate, there is no allegation against the present petitioners causing injury to any injured persons.

Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, I consider it just and proper to allow the bail application filed by the petitioners under Section 438 Cr.P.C.

Accordingly, the bail application filed by the petitioners u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Chunni Devi W/o Babu Ram, Dhapu Devi

W/o Dhalla Ram and Bidami W/o Champa Ram in CR No. 100/2007 P.S. Mathania, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-

(i)That they shall make themselves available for interrogation by a police officer as and when required;

(ii)That they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and;

(iii)That they shall not leave India without the previous permission of the Court.

The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail.

(H.R.PANWAR), J. rp


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