Laxmi Devi vs State

Vinit Kumar Mathur, J

The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R./C.R. No.92/2019, Police Station Bawalwara, District Udaipur for the offences under Sections 460, 302 & 120-B of IPC and under Section 4/25 of Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner by this Court on 13.01.2020, the statements of five prosecution witnesses, namely, Ramesh Chandra, Dinesh, Samri Devi, Savita & Ajit have been recorded. He further submits that in any of the statements, no overt act has been attributed to the present petitioner. He submits that it has come on record in the statements that since there was illicit relationship between the husband of the petitioner and the deceased Rambha, the present petitioner murdered Rambha but no concrete evidence has come on record for sustaining the allegation of murder against the present petitioner.

Learned Public Prosecutor opposes the bail application. 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 deserve to be accepted.

Consequently, the present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Laxmi Devi W/o Ramesh Chandra Chauhan arrested in connection with F.I.R./C.R. No.92/2019, Police Station Bawalwara, District 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.