Pushpa Devi vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

The petitioner has been arrested in FIR No.38/2019 of Police Station Khuiyan, District Hanumangarh for the offences punishable under Sections 304-B, 498-A, 406, 323 and 120-B IPC. She has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that in the present matter, the FIR was filed after around 10 days from the date of incident. It is also submitted that the deceased was the daughter-in-law of the petitioner and her death was natural. It is further submitted that the funeral of the deceased was carried out with the consent of the complainant, however, later on, due to some ulterior motive, the complainant filed this false complaint against the petitioner and her son. It is submitted that as per the postmortem report, the cause of death of the deceased is shown as cardio pulmonary failure and no external injury on the body of the deceased is shown in that report. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.

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 Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner - Pushpa Devi W/o Rajendra shall be released on bail in connection with FIR No.38/2019 of Police Station Khuiyan, District Hanumangarh provided she executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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.