ASHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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.375/2020, Police Station Phalodi, District Jodhpur Rural, registered for the offence under Section 498-A and 304-B of the Indian Penal Code.

(2.) Heard and considered the arguments advanced by the learned counsel for the petitioner through video conferencing and learned Govt. Adv. cum Additional Advocate General assisted by learned Public Prosecutor present in person. Perused the material available on record.

(3.) Learned counsel for the petitioner appearing through video conferencing stated that accused-petitioner is 39 years old widow lady; petitioner is behind the bars since 27.01.2021; accused- petitioner is mother-in-law of the deceased; as per FSL report, organophosphorus insecticide was found in the body of the deceased; it is alleged that the substance was inserted forcefully by the accused-petitioner but there is no direct evidence against the petitioner; omnibus allegations have been levelled against the accused-petitioner; there was no previous dispute between the deceased and the accused-petitioner; charge-sheet has been filed; that the trial will take long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.