Sushila Kumari and Others vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.

Contention of the learned Counsel for petitioners is that father of the petitioners Shri Ram Singh had license from Controller of Explosives to manufacture the Crackers etc. and his license had expired only few months before when the police raided his house, and found accused-petitioners, their father and other family members manufacturing the Crackers. It is contended that he had already applied for renewal of the license. Petitioners No. 2 and 3 are in jail for quite some and there is no previous case registered against them. Petitioners are all women and are entitled to benefit of Section 437 Cr.P.C.

Learned Public Prosecutor has opposed the bail of petitioners and has argued that there are previous cases registered against petitioner No. 1 Sushila Kumari.

In view of antecedents of petitioner No. 1 Sushila Kumari, I am not inclined to enlarge her on bail at this stage. Her bail application u/s 439 Cr.P.C. in FIR No. 341/2010 PS Kaman, Bharatpur for offence Under Sections 147, 148, 149, 332, 353, 336, 285 and 286 IPC and Section 4/5 of the Explosive Act is accordingly rejected. However, she would be at liberty to apply for bail again before the court of sessions after filing of challan.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge petitioners No. 2 Vijay Kumari and petitioner No. 3 Meera Kumari on bail.

In the result, this bail application u/s 439 Cr.P.C. in so far as petitioners No. 2 and 3 is concerned, is allowed and it is directed that petitioner No. 2 - Vijay Kumari D/o Shri Ram Singh and petitioner No. 3 - Meera Kumari D/o Shri Ram Singh shall be released on bail in in FIR No. 341/2010 PS Kaman, Bharatpur for offence Under Sections 147, 148, 149, 332, 353, 336, 285 and 286 IPC and Section 4/5 of the Explosive Act on each of their furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial.