The court established that in the absence of direct evidence and considering the circumstances of the accused, bail can be granted under Section 439 Cr.P.C., especially when the trial is expected to be prolonged.

JUDGMENT

Devendra Kachhawaha, J. - 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.375/2020, Police Station Phalodi, District Jodhpur Rural, registered for the offence under Section 498-A and 304-B of the Indian Penal Code.

2. Heard and considered the arguments advanced by the learned counsel for the petitioner through video conferencing and learned Govt. Adv. cum Additional Advocate General assisted by learned Public Prosecutor present in person. Perused the material available on record.

3. Learned counsel for the petitioner appearing through video conferencing stated that accused-petitioner is 39 years old widow lady; petitioner is behind the bars since 27.01.2021; accused- petitioner is mother-in-law of the deceased; as per FSL report, organophosphorus insecticide was found in the body of the deceased; it is alleged that the substance was inserted forcefully by the accused-petitioner but there is no direct evidence against the petitioner; omnibus allegations have been levelled against the accused-petitioner; there was no previous dispute between the deceased and the accused-petitioner; charge-sheet has been filed; that the trial will take long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Govt. Adv. Cum Additional Advocate General assisted by learned Public Prosecutor opposed the bail application and stated that transcript of conversation between petitioner and deceased is available in charge-sheet which shows that there was dispute between accused/petitioner and deceased.

5. In reply, learned counsel for the petitioner stated at bar, that there is no conversation in regard to dowry demand in transcript. In alternative, that was a usual wrangling between the accused/petitioner and the deceased.

6. Having regard to the facts and circumstances of the case, looking to the fact that accused-petitioner is a 39 years old lady and there is no direct evidence against her; charge-sheet has been filed; and that the trial will take sufficiently long time, 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.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Smt. Asha W/o Shri Hari Shanker, arrested in connection with F.I.R. No.375/2020, Police Station Phalodi, District Jodhpur Rural, shall be released on bail provided she furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.