Beena @ Shagufata vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.123/2019, Police Station Surajpole, Udaipur for the offences under Sections 363 & 370/34 of IPC and under Section 81 of Juvenile Justice(Child Care and Protection) Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that as per the statement of Smt. Heena who is stated to be a mother of the child has stated that since her husband has left her, therefore, she went to find out the whereabouts of her husband and in the meantime she handed-over the kid(baby) to the present petitioner. Since, Smt. Heena did not return for a couple of days, the petitioner took away the little child with her. There is no evidence on record which shows that the petitioner is trying to sell the baby. The charge-sheet in the matter has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

which shows that the petitioner is trying to sell the baby. The charge-sheet in the matter has been filed. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Smt. Beena @ Shagufata W/o Mohammad Subhan Chhipa arrested in connection with F.I.R. No.123/2019, Police Station Surajpole, Udaipur shall be released on bail; provided she furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.