1 S.B.CRIMINAL MISC.INERIM BAIL APPLICATION NO.5963/2009 Usha Choudhary Vs. State of Rajasthan DATE OF ORDER : 5th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Gaurav Singh for the petitioner. Mr.Mahipal Bishnoi, Public Prosecutor for State. .... The petitioner, facing trial for offences under Sections 498A, 406, 304B IPC in Sessions Case No.6/2009 in the Court of Additional Sessions Judge (Women Atrocities), Bhilwara applied for grant of temporary bail particularly on the ground that for the serious problems of excessive bleeding, she was required to undergo surgery for hysterectomy. The learned Additional Sessions Judge, however, proceeded to reject the application after finding that the bail plea of the petitioner was declined by this Court; and that prima facie evidence was available on record against her and then, there was no such suggestion that her surgery was not possible at Bhilwara nor anything was available on record to show if she had been referred to higher centre; and that there was a possibility of misuse of temporary bail. The prescription slips as placed on record, prima facie, corroborate the submissions of the petitioner of her suffering from irregular bleeding and having no relief with the drugs and she having been advised hysterectomy. It has been submitted that the petitioner wish to get her surgery done from Jaipur Centre. It has also been undertaken that her absence would otherwise not be of any cause for hindrance in the trial. It has also been pointed out 2 during the course of submissions that in the trial, three witnesses have already been examined including father of the deceased and the matter is fixed in the Trial Court for further evidence on 07.01.2010. In the circumstances, while it appears appropriate to grant liberty to the petitioner for the purpose of such surgery, it is also appropriate to make specific order that this indulgence would otherwise be not of any hindrance in the trial. Accordingly, this application for temporary bail is allowed to the extent that the petitioner shall be temporarily released on bail from 08.12.2009 until 29.01.2010 on the conditions of her furnishing personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned Trial court. The petitioner, while furnishing the bail bonds, shall specifically state the name and address of the centre sought to be visited for the purpose of surgery and so also undertake that no objection would be taken regarding recording of evidence in her absence. The petitioner shall surrender to the custody on or before 30.01.2010. (DINESH MAHESHWARI),J. MK