JAYA KANWAR 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. 254/2018 of Police Station Lohawat, District Jodhpur for the offences punishable under Ss. 302 and 120-B 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 is to the effect that she hatched a criminal conspiracy with her brother-in-law, who executed the plan and murdered her husband. Learned counsel for the petitioner has argued that as a matter of fact, the police have failed to collect any evidence to the effect that the petitioner was in relation with co-accused Bhagwan Singh, her brother-in-law, prior to her marriage and thereafter she hatched a conspiracy with him to kill her husband. It is submitted that only two witnesses namely Digvijay Singh and Mahipal Singh in their police statements have stated that they had heard that the petitioner is in relationship with her brother-in-law co-accused Bhagwan Singh and both of them hatched a conspiracy to kill deceased Sahdev Singh. Learned counsel has further submitted that except the said statements, the police are relying upon interrogation note of the petitioner and co-accused Bhagwan Singh during police custody. It is argued that the said piece of evidence is not sufficient to establish even a prima facie case against the petitioner. It is also submitted that charge-sheet has already been filed and trial of the case will take time.