MAMTA NAIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is assailing the order dated 01.12.2020 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in SB Criminal Miscellaneous Fourth Bail Application No. 13680/2020. The appellant herein is the sister of respondent No. 2 and the wife of the deceased. Since it is alleged that the respondent No. 2 is the main conspirator in the crime leading to the killing of the husband of the appellant, the appellant is aggrieved by the order impugned whereunder the respondent No. 2 has been ordered to be enlarged on bail.

(3.) The issue relates to the complaint in FIR No. 235 of 2017 dated 17.05.2017 registered in the Police Station Karni Vihar for the offence under Sections 302, 452 and 120 B of the Indian Penal Code. The mother- in-law of the appellant Smt. Rama Devi Nair, who is also the mother of the deceased had lodged the said complaint. According to the complainant and the appellant herein, the husband of the appellant has been killed by the family members of the appellant as an honor killing since they had not agreed to the marriage between the deceased and the appellant. The further details relating to the incident need not be referred to herein since the allegations and the defence thereto is still open to be urged by the parties in the trial which is pending before the Sessions Court. Further, the limited aspect required in a matter relating to bail has already been taken note by this Court while disposing of an earlier Criminal Appeal No. 780 of 2018 relating to the same incident.