Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 1323 (RAJ)

Jaya Kanwar v. State of Rajasthan, Through PP

2019-05-02

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record. 2. The petitioner has been arrested in connection with FIR No. 254/2018 of Police Station Lohawat, District Jodhpur for the offences punishable under Sections 302 and 120-B I.P.C. She has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that she hatched a criminal conspiracy with her brother-in-law, who executed the plan and murdered her husband. Learned counsel for the petitioner has argued that as a matter of fact, the police have failed to collect any evidence to the effect that the petitioner was in relation with co-accused Bhagwan Singh, her brother-in-law, prior to her marriage and thereafter she hatched a conspiracy with him to kill her husband. It is submitted that only two witnesses namely Digvijay Singh and Mahipal Singh in their police statements have stated that they had heard that the petitioner is in relationship with her brother-in-law co-accused Bhagwan Singh and both of them hatched a conspiracy to kill deceased Sahdev Singh. Learned counsel has further submitted that except the said statements, the police are relying upon interrogation note of the petitioner and co-accused Bhagwan Singh during police custody. It is argued that the said piece of evidence is not sufficient to establish even a prima facie case against the petitioner. It is also submitted that charge-sheet has already been filed and trial of the case will take time. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case and having perused the charge-sheet, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jaya Kanwar S/o late Shri Sahdev Singh shall be released on bail in connection with FIR No. 254/2018 of Police Station Lohawat, District Jodhpur provided she executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jaya Kanwar S/o late Shri Sahdev Singh shall be released on bail in connection with FIR No. 254/2018 of Police Station Lohawat, District Jodhpur provided she executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.