IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CR.MISC.BAIL APPLICATION NO.5655/2010. Smt.Sajida @ Guddo Vs. State of Rajasthan Date of order : 23/6/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ VJ Shri Ashvin Garg for petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has clearly stated that she had gone to Hameed @ Bhurya Qureshi out of her free will and that she wanted to live with him and he did not commit any rape on her. Hameed @ Bhurya Qureshi has already been released on bail by the order of this Court dated 25/1/2010 passed in S.B.Cr.Misc.Bail Application No.8858/2010. Another co-accused Shahjad Duty has also been enlarged on bail by order of this Court dated 23/6/2009 passed in SB Cr.Misc.Bail Application No.4541/2009.The only allegation against the present petitioner is that she gave shelter to the prosecutrix at her residence. She is in jail for last about a month. Trial of the case will take a long.
Learned Public Prosecutor has opposed the bail application.
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 the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Smt.Sajida @ Guddo W/o Shri Surfuddin shall be released on bail in FIR No.107/2009 P.S. Shastri Nagar, District Jaipur for offence u/Ss.363, 366, 366A, 342 & 506 IPC and Sections 3(2) & Section 3(1)(x) of the SC/ST Act on her 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 her appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), VJ.
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