Kaushlaya Devi vs State Of Rajasthan

Goverdhan Bardhar, J

Matter is taken up for hearing through video conferencing.

This bail application has been filed under Section 439 Cr.P.C.

Brief facts of the case are that an FIR No. 168/2021 was registered at P.S. Shastri Nagar, Distt. Jaipur City (North) for the offences mentioned

therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter she moved the bail

application before the trial court, which vide impugned order dismissed the same. Hence this bail application has been filed on behalf of the petitioner.

Learned counsel for the petitioner has contended that accused petitioner is a lady and has been falsely implicated in the present case. Counsel further

contended that prima facie the allegation of extortion is not made out. It has also been contended that the accused petitioner is in judicial lockup since

long, the alleged offence is triable by the Ist Class Magistrate, trial of the case is likely to take time, hence the accused petitioner be released on bail.

On the other hand, learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner

as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just

and proper to release the petitioner on bail.

Therefore, this bail application is allowed and it is directed that accused petitioner Kaushlaya Devi W/o Shri Rajesh Rathi shall be released on bail

under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided she furnishes a personal bond in

the sum of Rs.50,000/- (Rupees fifty thousand) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five thousand only) each to the

satisfaction of the trial court with the stipulation that she shall appear before that court on all subsequent dates of hearing and as and when called upon

to do so.