[2025:RJ-JP:17304] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 5373/2025 Indra Bai W/o Omprakash, Aged About 32 Years, R/o Osav, Police Station Raipur, District Jhalawar. (At Present Confined In District Jail, Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Mehrish For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/04/2025 1. The second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.115/2024 registered at Police Station Raipur (Jhalawar), District Jhalawar (Rajasthan) for the offence punishable under Section 302 of IPC. After completion of investigation, police filed charge-sheet in this matter. 2. First bail application of the petitioner was dismissed vide order dated 13.01.2025. Now, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that after dismissal of the first bail application, all material witnesses have been examined including informant and husband of the petitioner. [2025:RJ-JP:17304] (2 of 3) [CRLMB-5373/2025] Counsel submits that according to the FIR, informant is not an eye-witness and he lodged the report according to the information given by his nephew who is husband of the petitioner. Counsel submits that according to the FIR, there is allegation against the petitioner that she committed murder of her father in-law. Counsel submits that sole eye-witness of the case is husband of the petitioner who has already been examined during the course of trial wherein he did not support the prosecution case and he has been declared hostile. In these circumstances, there is no evidence against the petitioner. Petitioner is a female who is in custody since 19.05.2024 and she has children who are aged about 11 years and 9 years, respectively. It is contended that trial will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that there is serious allegation against the petitioner of committing murder of her father in-law however, he fairly concedes that husband of the petitioner has not supported the prosecution case and has been declared hostile. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that FIR was registered on the basis of information furnished by Omprakash who is husband of the petitioner and he has been declared hostile, so also considering the fact that petitioner is a female and she has children who are [2025:RJ-JP:17304] (3 of 3) [CRLMB-5373/2025] aged about 11 years & 9 years, respectively; trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Indra Bai W/o Omprakash shall be released on bail provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that she shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. The observations made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /40