Bench directed the release on bail of a female petitioner accused in a murder case involving throwing a body into a well, considering her prolonged custody and the bail of the co-accused.
Direction to release the petitioner on bail in the pending case subject to fixation of terms by the court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.9051 of 2019
The offences alleged are under Secs.302/201/34, I.P.C. and the allegation goes to the effect that the petitioner along with the co-accused, Dharanidhar Chand, has killed the deceased and threw his deadbody inside the well.
It is submitted on behalf of the petitioner that the main accused, Dharanidhar Chand has been released on bail by this Court in BLAPL No.7734 of 2019 and the statements of different witnesses have been recorded by the Police does not reveal any express material against the present petitioner.
Considering the fact that the co-accused, Dharanidhar Chand has already been released on bail and the period of detention of the petitioner, who is a woman and inside custody since 7.12.2018, it is directed to release the petitioner on bail in connection with Mahulpali P.S. Case No.166/2018 corresponding to G.R. Case No.806/2018 on such terms and conditions to be fixed by the learned court below in seisin over the matter.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
BKB
2 issues framed by the court
Whether the petitioner, a woman detained since 7.12.2018, should be released on bail given the co-accused was granted bail.
Whether sufficient material exists against the petitioner to deny bail in a murder case.
Petitioner
State
BKB
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
