SAMU DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.

(2.) The petitioner has been arrested in connection with FIR No. 73/2019 of P.S. Chitalwana, District Jalore for the offences punishable under Ss. 302 and 120B I.P.C. She has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that allegation against the petitioner of hatching criminal conspiracy with co accused Suresh and Bhagwana Ram to kill the brother of the complainant is absolutely false. It is argued that dead body of the brother of the complainant was found on 22/5/2019 and on the same day, the complainant had given in writing to the police that it seems that due to falling into Narbada Canal accidentally, his brother died. It is submitted that in the post mortem report, the cause of death is shown as asphyxia on account of drowning. It is submitted that later on, on 7/6/2019, the complainant filed FIR alleging that the petitioner hatched a criminal conspiracy with the co-accused Bhagwana Ram and Suresh and thereafter the said co-accused persons committed murder of his brother by throwing him into the canal. Learned counsel for the petitioner has submitted that it is alleged that as the petitioner was having illicit relation with the co accused Bhagwana Ram, she had conspired with the co-accused persons to kill the deceased. It is argued that there is no iota of evidence available on record to suggest that the petitioner was having illicit relation with Bhagwana Ram and she conspired with co accused persons to kill brother of the complainant and the police have filed charge-sheet only on the basis of surmises and conjectures.