High CourtsSINGLE BENCH(2017) 03 RAJ CK 0046

Urmila W/o Gauri Shanker vs State of Rajasthan

Rajasthan High Court · Decided on 10 March 2017

HON’BLE JUDGES
Gopal Krishan Vyas
CASE NUMBER
1070 of 2017

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Judgment

5 paragraphs · 246 words
1.

Heard learned counsel for the applicant and learned Public Prosecutor and perused the impugned order as well as the FIR.

2.

The learned counsel for the petitioner submits that no offence under Section 420, 467, 468, 471 & 120-B IPC is made out against the petitioner, however, petitioner is apprehending her arrest in connection with FIR No.75/2015 PS-Nohar, District Hanumangarh.

3.

After considering the entire facts and circumstances of the case, I am not inclined to grant anticipatory bail to the applicant accused. Therefore, the instant anticipatory bail application is hereby dismissed. However, the petitioner is a lady, therefore, liberty is granted to the petitioner to surrender before the concerned Magistrate and file regular bail application under proviso to Section 437 Cr.P.C before the concerned Magistrate within a period of fifteen days from the date of receiving certified copy of this order.

4.

In the event of filing such application after surrender, the concerned Magistrate shall decide the said application filed by the accused applicant on the same day while considering the fact that applicant on the same day while considering the fact that applicant is a woman having small children and as per proviso to Section 437(1) Cr.P.C. being woman she can be released on bail because investigation has already been conducted and no useful purpose would be served to sent the petitioner behind the bars.

Petitioner shall appear before the court concerned on or before 20.03.2017, till then she may not be arrested.