POOJA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.214/2021 registered at Police Station Udhyog Nagar, District Sikar for the offence under Sec. 302 of IPC and later on for the offence under Sec. 306 of IPC.

(2.) Learned counsel for the petitioner submitted that finding the allegation against her of murdering her husband to be false, charge sheet has been filed under Sec. 306 IPC. He submitted that the material on record in the shape of statements of the prosecution witnesses and transcript of the so called mobile conversation reveals trivial matrimonial dispute between the parties and there is complete absence of element of abatement to the extent it could compel the deceased to commit suicide. Learned counsel submitted that the petitioner is in custody since23.04.2021, charge sheet has been filed, she has no criminal antecedents, trial of the case will take time, she has minor children and prayed for her release on bail.

(3.) Learned Public Prosecutor has opposed the bail application.