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2021 DIGILAW 1727 (RAJ)

Anchi Devi v. State of Rajasthan

2021-09-15

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.78/2020, Police Station Dechu, District Jodhpur, registered for the offences under Section 302 of IPC. 2. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that petitioner is a 67 years old lady; petitioner’s name has not been mentioned in the F.I.R., the complaint has been filed by son-in-law of the deceased and the present petitioner; there is no evidence against the petitioner and she has falsely been implicated in this case only on the basis of FSL report; as per the FSL report, blood stains have been found on the clothes of the petitioner, in this regard, learned counsel for the petitioner stated that body of the deceased has been turned by petitioner, therefore, blood stains have been found on the clothes of the petitioner. Learned counsel further stated that two other persons have also been named in the F.I.R. but they have not been charge-sheeted; they have been presented as witness in this case; petitioner has been arrested after nine months of the incident; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application and stated that as per the statement of Babu Ram who reached at the spot after the information; recovery of axe has been made from the accused-petitioner from the place of the occurrence. As per FSL report available at page no.69 of charge-sheet, human blood has been found on kanchli, kurti, ghaghra and odhana of the accused-petitioner as well as on the kulhadi, blood smeared soil, pillow cover, raali cover, etc. There is no evidence which shows that dead body of the deceased was turned by the accused-petitioner. 5. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, I do not found it a fit case to grant benefit of bail to the accused-petitioner, at this stage. 6. There is no evidence which shows that dead body of the deceased was turned by the accused-petitioner. 5. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, I do not found it a fit case to grant benefit of bail to the accused-petitioner, at this stage. 6. Accordingly, the bail application filed by the petitioner under Section 439 Cr.P.C. is rejected.