Allowed

Smt. Sunita Meena W/O Late Shri Naresh Meena v. State of Rajasthan

Rajasthan HC15 Mar 2024CRLMB/8248/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of a female accused detained for over two years in a murder case. Relying on Section 437 CrPC and the right to a speedy trial, the Court granted bail despite the opposition of the Public Prosecutor, noting the lack of direct evidence and the delay in trial.

What did the court decide?

The accused-petitioner shall be enlarged on bail subject to furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Smt. Sunita Meena W/O Late Shri Naresh Meena… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:17830]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 8248/2023

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Smt. Sunita Meena W/o Late Shri Naresh Meena, Aged About 36 Years, R/o Saraswati Colony, Balaji Town, Kherli Fatak, Police Station Bhimganj Mandi, Kota City (At Present Accused Confined In Central Jail, Kota.)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. S.S. Mehla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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(Through Video Conferencing)

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Order

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15/03/2024

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The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	91/2022
2.	Concerned Police Station	BheemganjMandi
3.	District	Kota Shahar
4.	Offences alleged in the FIR	Section 302/34 of the IPC
5.	Offences added,if any	Section 201 of the IPC
6.	Date of passing of impugned order	13.06.2023

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It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against her and her

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[2024:RJ-JP:17830]

[CRLMB-8248/2023]

incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accusedpetitioner and she has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 5. I have heard and considered the submissions made by both the parties and have perused the material available on record. 6. The perusal of the material reflecting that the petitioner happens to be wife of the deceased Naresh, who was found dead on 19.03.2022. The FIR came to be lodged on 25.03.2022 alleging inter alia that the petitioner Sunita Meena was having illicit relationship with one Pramod @Pawan and the petitioner in connivance with her paramour had murdered her husband. The eye-witness account of the incident is not available and the case of the prosecution is mainly and wholly based upon circumstantial evidence particularly, the evidence that the petitioner was having illicit relationship with Pramod. The statement of P.W. 1 Bharat Sharma, P.W. 2 Gaali Meena P.W. 3 Sanjana have been recorded, who are the close relatives of the deceased Naresh and they suggested rather had caste doubt upon the petitioner and Pramod regarding committing murder. Suspicion, however, it may grave, cannot take the place of proof. The cause of death opined by the Medical Board is shown as Asphyxia. The call data record exchanged between the petitioner and Pramod is taken on record.

[2024:RJ-JP:17830]

[CRLMB-8248/2023]

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Whether the circumstances putforth in this matter would be sufficient enough to bring home the guilty is a serious question to be adjudicated by the trial Court and any comment by this Court may influence the trial Judge, therefore, desisting from doing so but feeling that further incarceration of a female accused after two years of her detention would not be justifiable. There is express provision under Section 437 Cr.P.C. regarding concession of bail to a female accused. In the case titled as Sangeeta Vs. State of Rajasthan in S.B. Criminal Misc. Bail Application No.1102/2024 decided on 06.03.2024, this Court has passed an order granting bail in relation to releasing a female on bail while considering the provision under Section 437 Cr.P.C.

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Considering the overall fact and the circumstances of the case and the fact that the petitioner is a female and there is an express provision under Section 437 Cr.P.C. regarding bail to a female accused as well as the fact that she is behind the bar since last more than two years and noticing that culmination of trial in a near future is not a seeming fate, therefore, without going into the niceties of the matter it is felt that the right of the accused to have a speedy trial should be protected. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial

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(4 of 4) [CRLMB-8248/2023]

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[2024:RJ-JP:17830]

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Judge for his appearance before the court concerned on all the

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dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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41-Mamta/-

Smt. Sunita Meena W/O Late Shri Naresh Meena v. State of Rajasthan

Case brief

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Smt. Sunita Meena W/O Late Shri Naresh Meena v. State of Rajasthan

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