MAMTA 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 judicial custody in connection with F.I.R. No.60/2022 registered at Police Station Marwar Junction, District Pali registered for the offence punishable under Ss. 302, 392/34, 120-B and 194 of IPC. The first bail application was dismissed as not pressed by this Court vide order dtd. 7/8/2023 with liberty to file afresh after recording the statements of motbir of recovery witness and Investigating Officer. Learned counsel for the petitioner submits that motbirs are police personnel and no independent witness has been called when the recovery was made. One of the motbir witness, PW.7 ' Arvind Singh has been examined before the trial Court and there are material contradictions, improvements and omissions in his statement. Counsel further submits that petitioner is a lady and according to FSL report, no blood group is found on the clothes of the deceased. The petitioner is in judicial custody since 14/3/2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

(2.) Learned Public Prosecutor has opposed the prayer of bail. I have considered the arguments advanced before me and gone through the material available on record. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.

(3.) Accordingly, the second bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner - Mamta W/o Unka Ram shall be released on bail in connection with F.I.R. No.60/2022 registered at Police Station Marwar Junction, District Pali provided she executes a personal bond in a sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.