SITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.25/2020, Police Station Seruna, District Bikaner for the offence punishable under Ss. 449, 302 and 34 of IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner on 7/1/2021, the statements of only two witnesses have been recorded before the trial court so far. Learned counsel for the petitioner also submits that the deceased Mala Ram was regularly visiting the house of the petitioner. He further submits that on the date of incident, there was a free fight between the petitioner, the deceased and the husband of the petitioner-Jetha Ram in which Mala Ram sustained fatal injuries. Learned counsel for the petitioner also submits that there was no intention on the part of the petitioner to cause any fatal injuries, however, in the heat of the moment, during the incident which occurred on the unfateful day, Mala Ram succumbed to the injuries suffered by him. Learned counsel submits that the petitioner is a lady having three children and has already suffered incarceration for more than 4 years. He, therefore, prays that the petitioner may be enlarged on bail.