Radha vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R.

No.145/2020, Police Station Boranada, District Jodhpur, registered for the offences under Sections 498-A and 302 of the Indian Penal Code.

Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available

on record.

Learned counsel for the petitioner stated that there was no external injury on the body of the deceased except, a single injury on the head; admittedly,

deceased was admitted to the hospital by accused-party and initially there was no allegation against the petitioner but subsequently, the story was

falsely developed and it is clearly a case of accidental death; and petitioner is a lady. With these submissions, learned counsel for the petitioner prayed

that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor, present-in-person, and learned counsel appearing on behalf of the complainant through video conferencing

opposed the bail application of the petitioner and stated that Pawan Kumar, son of petitioner's sister resides in the house of Radha (petitioner); chat

between Pawan Kumar and Ritik, brother of deceased was recorded during investigation by the Investigating Officer and the same is available on the

record and as per that chat, they made allegation of cruelty, being committed by the petitioner. He further stated that all the witnesses supported the

story of prosecution and it is a clear case of murder.

As per postmortem report, cause of death was head injury, whereas, as per report obtained by Medical Board in regard to postmortem, there was no

sign of any external or internal injury on the neck of the deceased; although as per expert opinion, those injuries could be found after falling down from

height. As per the statement of Lala Ram, father of the deceased and other witnesses Ruparam, Mahesharam, etc., it is a case of instigation soon

before the death of deceased. Admittedly, incident took place on 14.07.2020 and deceased was admitted to All India Institute of Medical Science,

Jodhpur. The witnesses, namely, Lala Ram & other witnesses admitted that there was no visible injury on any part of the body of the deceased.

Lastly, he further stated that cause of death was strangulation whereas, as per medical expert, cause of death is head injury which could be found on

the body on falling down from height.

So far as, question of chat with Pawan Kumar and brother of deceased is concerned, available at page No.188 of the charge- sheet and looking to the

narrations mentioned at page No.188 of the chat, it cannot be denied that the chat has been prepared after the incident of death of the deceased. As

admitted by statement of Pawan Kumar that comments mentioned in the Whatsapp chat in regard to deceased Jaishree are false and that he has

never seen any cruelty with deceased by her husband or her in-laws.

Having regard to the facts and circumstances of the case and particularly looking to the fact that petitioner is a lady, therefore, without expressing any

opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Smt Radha W/o Madhu Ram arrested in connection with F.I.R.

No.145/2020, Police Station Boranada, District Jodhpur, shall be released on bail; provided she furnishes a personal bond of Rs.1,00,000/- with two

surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.