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Judgment
The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.56/2016, Police Station- Bali District Pali for the offences under Sections 302/34, 120-B of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that there are three kids in the family and except the petitioner, there is nobody in the family to care for them. He further submits that the petitioner is a lady and she is facing incarceration from last four years. Only two witnesses have been examined before the learned trial court as yet. He further submits that whatever evidence has come on record is only related to the affair of the petitioner with the principal accused Jeevraj and there is no reliable evidence on record to connect the petitioner with the offences alleged.
Per contra, opposing the bail, learned Public Prosecutor submits that as per the statement of the child witness Shravan Singh, it is clear that the present petitioner met the principal accused Jeevraj and Paresh and told them that the information regarding murder of her husband should not be divulged to anybody. The statement of son Shravan Singh categorically discloses that there was an extramarital affair between the petitioner and principal accused Jeevraj.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the heinous offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage.
Accordingly, the second bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.