INDRA BAI Vs. STATE

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner-Smt.Indra Bai W/o Shri Harji under Sec. 439 Cr.P.C against the order impugned dtd. 7/3/2022 passed by learned court below in connection with FIR No.74/2021 registered at Police Station Devgarh, District Pratapgrah for the offences under Ss. 302, 201, 34 IPC.

(2.) Learned counsel for the petitioner submits that the eye witness account of the incident is not available. The entire case is based upon circumstantial evidence. There is no direct evidence to show the culpability of the petitioner in the crime. The recovery of a rope at the instance of the petitioner claimed to be farce. Learned counsel submits that in view of cardinal principle regarding appreciation of circumstantial evidence rendered in the judgment passed by the Hon'ble Supreme Court in the case of Hanumant Govind Nargundkar Vs. State of MP [AIR 1952 SC 343], no case is made out against the petitioner to bring home the guilt. Learned counsel for the petitioner further submits that a false case has been foisted against the petitioner. She has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars.

(3.) Per contra, learned Public Prosecutor opposed the bail application.