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SMT BHIKHALI v. STATE

Court: High Court of Rajasthan

Bench: VINIT KUMAR MATHUR

Judgment date:

Case summary

High Court of Rajasthan judgment dated 2020-12-05. SMT BHIKHALI v. STATE. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 12883/2020 Smt. Bhikhali W/o Maniya @ Mani Singh Gamar, Aged About 56 Years, R/o. Village Bujha, Police Station Mandwa, District Udaipur (Rajasthan). (Presently Lodged In Central Jail Udaipur). ----Petitioner Versus State of Rajasthan ----Respondent For Petitioner(s) : Mr. Shambhoo Singh Rathore, through video conferencing on “Cisco Webex App” For Respondent(s) : Mr. S. K. Bhati, PP HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 05/12/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). The present 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. No. 16/2020, Police Station Mandwa, District Udaipur for the offence under Sections 147, 148, 323, 302/149 of the I. P. C.

and under Section 3/25 & 4/25 of Arms Act. Heard learned counsel for the parties. Perused the material available on record. Learned counsel for the petitioner submits that the charge-sheet in the case has been filed and the incident took place on a trivial issue between the children of the petitioner and the (2 of 2) [CRLMB-12883/2020] complainant. He further submits that the fatal injuries assigned to Maniya and the injury caused by the present petitioner to Keli are simple in nature. Therefore, it is prayed that the petitioner may be enlarged on bail. Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail. Consequently, the present bail application filed under Section 439 of Cr. P. C. is allowed.

It is ordered that the accused-petitioner –Smt. Bhikhali W/o Maniya @ Mani Singh Gamar arrested in connection with F. I. R. No. 16/2020, Police Station Mandwa, 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. (VINIT KUMAR MATHUR),J 14-SunilS/-

Source: High Court of Rajasthan. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.