PUSHPA BEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of IVth bail application filed under Sec. 439 of Crimial P.C. by Mr. Sunil Tyagi, Advocate on behalf of applicant Pushpa Devi pertaining to FIR No. 249/2009 of Police Station Women, Kota City registered for the offences under Sec. 304B and 498A IPC.

(2.) Heard learned counsel for the petitioner and carefully perused the relevant material on record.

(3.) Learned counsel for the petitioner Pushpa Bai canvassed that the petitioner has been in custody since Aug., 2009. The case has been pending trial and 11 prosecution witnesses have been examined so far. Learned counsel further canvassed that the mother, father and brother of the deceased Neelam have been examined by the prosecution and they have not supported the prosecution story and turned hostile. On the basis of statement of these witnesses, the Coordinate Bench admitted bail to the husband of the deceased Neelam. Thereafter other material witnesses namely PW 9 Smt. Mamta, PW-10 Jai Ram Das and PW-11 Rekha Bai have also been examined and they too have not supported the prosecution story. They all deposed in their statements that they were totally unaware of the people living in the in-laws house of deceased Neelam. Even the mother and father have deposed that when Neelam died she was living in their house. No material witness is now left, who is to be examined by the prosecution. The accused petitioner is not likely to be convicted on the basis of the statement of prosecution witnesses. Hence, the petitioner being a lady, must be granted indulgence of bail. Her detention in custody will now not serve any purpose.