Court emphasizes seriousness of allegations, declines bail citing ongoing trial and potential impact on proceedings.
In a significant ruling, the Rajasthan High Court has denied bail to Chhoti Devi, a woman accused in the alleged murder of her daughter-in-law, emphasizing the gravity of the charges and the ongoing trial. The case, which has attracted considerable attention, involves allegations of strangulation and the administration of electric shocks to the victim, reportedly orchestrated by the accused and her family members.
The bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was dismissed by Justice Baljinder Singh Sandhu. The court noted that the petitioner, Chhoti Devi, could not be granted bail merely due to her gender, especially given the serious nature of the allegations against her. The prosecution has presented evidence including the recovery of electric wire and broken bangles, which allegedly corroborate her involvement in the crime.
During the proceedings, the defense argued that there were only general allegations against the accused, and the doctor's postmortem report did not support the claims of electric shock injuries. However, the court found that these arguments were insufficient to negate the petitioner's alleged involvement, especially considering the charges of murder and the evidence presented.
The court further observed that granting bail at this juncture could potentially influence the trial, which is already underway with witness examinations in progress. Citing precedents from the Supreme Court, the High Court reiterated the principle that bail applications should be approached with caution during ongoing trials for serious offenses.
The court also addressed the issue of parity in bail decisions, highlighting that the co-accused, who was granted bail, was a juvenile, thereby not extending the same benefit to the petitioner who is an adult involved in grave accusations.
The judgment underscores the judiciary's stance on maintaining the integrity of the trial process in cases involving serious crimes, and the necessity of evaluating bail applications with due regard to the potential impact on judicial proceedings.
Bottom line:-
Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for a woman accused in a murder case cannot be allowed merely on the ground of her gender, especially when the allegations are grave, such as strangulation and murder.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 480, 483
Chhoti Devi @ Chhotudi v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2899735
