[2025:RJ-JP:31042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12564/2024 Omvati @ Gyarsi W/o Late Rakesh Bairwa, Aged About 45 Years, R/o Pundra Police Station Rajgarh, District Alwar (Raj.) (At Present Confined In Alwar Jail) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rakesh Choudhary with Ms. Anju Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the petitioner-accused Omvati @ Gyarsi W/o Late Rakesh Bairwa in FIR No.539/2023 dated 12.12.2023 registered at P.S. Malakheda, District - Alwar, whereby the petitioner-accused has charged under Sections 365 and 302 IPC. 2. The petitioner was arrested on 13.12.2023 and has in judicial custody since then. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that the petitioner is a female and mother of five children. He submits that the real [2025:RJ-JP:31042] (2 of 5) [CRLMB-12564/2024] facts of the case are so alarming which shows that this petitioner is charged with murder of her own husband with her children. He submits that the deceased husband of the petitioner was a habitual drunkard person and after consuming liquor, he used to commit rape with his own daughters which is prime reason in the instant case but this petitioner is not involved in murder of her husband. He further submits that a missing person report was registered by this petitioner and FIR was registered by brother of deceased. He also referred the facts of the case and submitted that police has filed a charge-sheet against mother and her children for conspiracy and for murder of husband/father. He further submits that PW-1 Kokaram who is FIR lodger, have turned hostile and not supported the case of prosecution. He further submitted that there is no evidence till date to show that this petitioner is involved in the incident. He referred statement of six witnesses recorded so far and submitted that till date nothing has come on record to show involvement of present petitioner. He also submitted that the petitioner accused is in custody since 13.12.2023 and liability to maintain entire family is upon this petitioner. Further he submitted that the investigation relating to present petitioner-accused is complete and is no more required by the Investigating Agency for investigation. He also submitted that the trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody. [2025:RJ-JP:31042] (3 of 5) [CRLMB-12564/2024] 4. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from PS Malakhera District Alwar. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties along with report received from PS Malakhera, District Alwar. 6. On basis of report lodged by PW-1 Kokaram, the matter was investigated as the report is registered against known person. Before report dated 12.12.2023, a missing person report was registered by the present petitioner and police has investigated the same. On basis of opinion of Medical Board that deceased died due to asphyxia caused by strangulation has concluded that the present petitioner accused, who is wife of deceased in conspiracy with her daughter Neha @ Kalo, a close relative Ajay Singh and her minor son has murdered deceased and further to secure insurance amount manipulated the facts in such a manner to show that the deceased died in an accident. 7. We have called interrogation of Kumari Neha and her interrogation note is really shocking which shows that deceased was regularly indulged in physical relation with his own daughter(s) and despite that Neha @ Kalo got admitted to hostel (boarding school), but deceased continued his act as and when Nehe @ Kalo returned to home. The deceased also indulged in sexual relation with two other sisters of Neha (daughters of deceased). All relatives or non-relatives were known to this fact. We have also seen interrogation [2025:RJ-JP:31042] (4 of 5) [CRLMB-12564/2024] note of a juvenile (younger brother) of Neha @ Kalo who is also a co-accused. 8. PW-1 Kokaram has turned hostile and not supported the case of prosecution. The case squarely rests upon circumstantial evidence and till date 6 witnesses were examined before the trial Court and we have gone through the evidence recorded so far. The petitioner accused is in custody since 13.12.2023 and she is a mother of five children out of which two are facing trial with this petitioner accused for taking part in murder of deceased. Remaining 3 children are out of conspiracy and two of them are girls. 9. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required and she is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 10. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Omvati @ Gyarsi W/o Late Rakesh Bairwa is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:31042] (5 of 5) [CRLMB-12564/2024] (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioner-accused shall be liable to be cancelled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/36