Bail should be granted when there is no evidence of harassment or risk of influencing witnesses, emphasizing the presumption of innocence.

Order

This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.78/2024 registered at Police Station Mahila Police Thana, Pali, District Pali, for offences under Sections 498A and 304B IPC .

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner is the mother-in-law of the deceased-Reena who had committed suicide by hanging herself. Learned counsel for the petitioner submitted that though the deceased committed suicide within two years of her marriage in unnatural circumstances but there is nothing on record to indicate that the petitioner had ever harassed or humiliated her in connection with demand of dowry. Learned counsel submitted that as a matter of fact, there is no evidence available on record to show that the petitioner, by any of her act or inactions, intended or compelled the deceased to commit suicide. Learned counsel submitted that the petitioner, who is aged about 45 years, has been falsely implicated in the present case; investigation against her has already been completed and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the investigation against the petitioner has already been completed; prima facie the deceased was living separately from the petitioner and there is no evidence that she was subjected to cruelty by the petitioner in connection with the demand of dowry soon before her death. This Court also finds that the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses or fleeing away from justice in case he is enlarged on bail.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Vimla W/o Dhanraj arrested in connection with F.I.R. No.78/2024 registered at Police Station Mahila Police Thana, Pali, District Pali, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for her appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.