The court may grant bail based on considerations such as the petitioner's custody, gender, and lack of support from material witnesses, without entering into the merits of the case.

1. - Heard learned counsel for the petitioner as also learned Public Prosecutor for State.

2. This is second bail petition moved in Sessions Case No. 64/97 pending trial against the accused-petitioner and others for alleged commission of offences u /ss. 498-A & 304-B, IPC. Previous one having been dismissed as not pressed on 2.2.1998.

3. Learned counsel for the petitioner while submitting copies of statements of PW 1 to PW 11 examined by learned Sessions Judge, Jaisalmer during the trial, submits that including PW 8 Arjun, who is father of the deceased, one Chhagan close relative of Arjun besides Kamal Singh, alleged to be an eye-witnesses, have turned hostile. The police and so also prosecution relying on the alleged dying declaration of the deceased Smt. Indira did not prosecute the accused-petitioner and her co-accused persons under section 302 IPC and instead the accused are being prosecuted under the aforesaid offences and in view of these circumstances, since the accused-petitioner is an old lady and since almost material witnesses have been examined and material witnesses do not support the prosecution case, therefore, petitioner may be allowed bail.

4. However, learned Public Prosecutor specially on the basis of dying declaration of deceased Indira on which the FIR was registered, opposes this petition.

5. On consideration of rival contentions, presently, without entering into the merits of the case, so far as petitioner is concerned, specially when the petitioner is in custody and is a woman, presently, it appears just and proper to grant bail to the petitioner. Accordingly, I accept this petition and it is ordered that the petitioner shall be released on bail provided she furnishes a personal bond in the sum of Rs. 10,000/-and a surety bond in the like amount to the satisfaction of trial Court for her appearance before that Court on the next date of hearing and on all subsequent dates whenever called upon to do so till the final disposal of the case.Bail application allowed.

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