IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. ______/2003
Anita
w/o Sh. Kamlesh
r/o Harnathpura PS Bandikui, District Dausa
…. Applicant
VERSUS
State of Rajasthan through P.P.
…..Respondent
S.B. CRIMINAL MISC. BAIL APPLICATION U/S 438
Cr.P.C. IN F.I.R. NO. 313/2002 REGISTERED AT
POLICE STATION BANDIKUI FOR OFFENCES U/S
302, 323, 325, 147, 148, 149 I.P.C. AND AGAINST THE
ORDER DATED 2.6.2003 PASSED BY THE
ADDITIONAL SESSION JUDGE, DAUSA WHEREBY
THE BAIL APPLICATION NO. 41/2003 FILED BY
THE APPLICANT WAS DISMISSED.
To,
The Hon’ble Chief Justice Sh. Anil Dev Singh and his companion Judges
of the High Court of Judicature for Rajasthan, Bench at Jaipur.
MAY IT PLEASE YOUR LORDSHIPS :
The humble accused/applicant most respectfully submits as under :
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1. That an FIR No. 313/2002 came to be registered in Police Station
Bandikui to the following effect
'' lsok esa Jheku~ dksroky lkgc iqfyl dksrokyh
ckanhdqbZ egksn; fuosnu gS fd vkt 'kke dks djhc 8 cts
es esjk HkkbZ egsUnz o v'kksd esjh Hkkoh n;koarh o
jkeiky xkMZ xzke voriqjk esa viuh cksfjax [ksrksa ls
vius VªsDVj esa cSBdj ckanhdqbZ vius ?kj vk jgs Fks
fd fnun;ky f'kopj.k deys'k] fotsUnz o f=yksd iq=ku
y{e.k Hkokuh 'kadj 'kkfUr ifRu y{k.k lquhrk cfgu o
deys'k dh ifRu us vius ?kj ds lkeus VªsDVj dks tcju jksd
fy;k vkSj nhun;ky us esjs etZ egsUnz tks VªsDVj
Fkkuk jgk Fkk ds gky ij ryokj dh tkjh v'kksd mls cpkus
yxk rks nhun;ky us muds flj ij ryokj dh ekjh f'kopj.k
deys'k us cfNZ;ksa ls o fotsUnz Hkqokuh 'kadj o
f=yksd us VkaVa;k ls o 'kkfUr lquhrk o deys'k dh ifRu
us ykfB;ksa ls v'kksd dks ekjihV dj xEHkhj pksVsa
igqapkbZ ftlls ml dh ekSds ij gh e`R;q gks xbZA mDr
lHkh yksxksa us esjs jkeiky o esjh HkkHkh ds lkFk
Hkh ekjihV dh ftlls ge lHkh yksxksa ds 'kjhj ij txg&txg
xaHkhj pksVsa vkbZ gSA fjiksVZ djrk gwaA
dk;Zokgh dh tkosA izkFkhZ ,l-Mh- lqjsUnz dqekj
'kekZ iq= guqeku izlkn 'kekZ tkfr czkge.k fu-
ckanhdqbZ tkaxhj rk- 9-06-02''
2. That as per the postmortem report the deceased passed away due to injury
on head cause by sharp edged weapon. The fatal injury on the head is
attributed to Deendayal. In the FIR the complainant Surendra Kumar
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attributes lathi blow to three ladies the present applicant, her sister-in-law
and mother-in-law. In the post mortem report there are only two injuries
which are bruises caused by blunt object on left thigh and right thigh
which are both non vital part. These two injuries are ascribed on three
persons.
3. That besides the FIR lodger the other eye witnesses do not impute any role
on the applicant as far as injuries on the person of the deceased is
concerned. In fact the role attributed to the applicant her mother-in-law and
sister-in-law is qua Smt. Dayawati and not qua the deceased.
4. That the FIR suffers from over implication and ladies of the house have
been involved through crafty manipulation so as to put behind bars the
entire family.
5. That there are small children of the applicant, the applicant is a lady and
therefore on humanitarian grounds the applicant is entitled to bail.
6. That the applicant has been falsely implicated in the case without any
basis.
7. That there are no chances of his abscondance or tempering with evidence.
8. That investigation is pending against the applicant under sec.173(8) CrPC.
9. That investigation is complete and challan has been filed against other
accused persons.
10. That other grounds would be taken up at the time of arguments.
PRAYER
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It is therefore, prayed that your lordships may very graciously be
pleased to accept this Criminal Bail Application and may be pleased to
release the petitioner on anticipatory bail under section 438 CrPC..
HUMBLE APPLICANT
THROUGH COUNSEL
PLACE : JAIPUR
DATE :
[Swadeep Singh Hora / Govind Singh]
Advocates
NOTES :
1. This is Bail Application. No such application has been filed before this
Hon'ble Court.
2. That as pie papers were not readily available hence stout papers have been
used.
3. That one spare copy of this bail application has been given to the counsel
for the opposite party.
4. That it has been typed by my private steno.
ADVOCATE
