- (1.) HEARD learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and with their assistance, perused the material made available at the time of arguments.
(2.) COUNSEL for accused petitioners submits that the present bail applications has been filed by wife and mother-in-law of the deceased. Counsel submits that on the fateful night of 26.11.2011, the alleged incident took place and thereafter deceased Manendra was taken to S.M.S. Hospital, Jaipur for taking medical treatment but unfortunately succumbed to the injuries. The F.I.R. was lodged by father of the deceased on 4.12.2011 after eight days of the incident and from his statement recorded U/s 161 Cr. P.C. and so also the dying declaration recorded by the Police Officer and the statement of police officer recorded U/s 161 Cr. P.C., the main allgeation is against Kalyan Singh, father-in-law of deceased. Charge sheet has been filed. Both the petitioners are female. No further recovery is required to be made and the accused petitioner no. 1 is having two daughters out of her wedlolck and no one is left behind to look after them. The trial may take its own time while the accused petitioners are facing incarceration since 9.2.2012. Learned Public Prosecutor and counsel for complainant have opposed the bail application and submit that in the dying declaration recorded the presence of the accused petitioners is shown and allegation was levelled against them and such persons do not derserve any indulgence. Taking note of the accusation made against the accused petitioners, but without expressing any opinion on merits, this Court considers it appropriate to allow this bail application under section 439 Cr.P.C. Accordingly, the accused petitioners Smt. Reena and Smt. Omvati be released on bail under section 439 Cr.P.C. in F.I.R. No. 260/11 registered at P.S. Ramganj, District Ajmer provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so and will further furnish correct residential address along with contact number and so also change if any takes place, to the trial court.;