IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6646/2009 Smt. Bhanwarn Devi vs. State of Rajasthan Dated : 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. A.L. Verma, for the petitioner. Mr. G.S. Fauzdar, for Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri A.L. Verma Advocate on behalf of the applicant Smt. Bhanwarn Devi pertaining to F.I.R. No. 304/2009 at police station Sadar, Alwar, in the offences under Sections 323, 341, 302 and 34 of IPC. 2. Heard the learned counsel for the petitioner learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the FIR of this case has been lodged after an inordinate delay of ten days of the occurrence. No cause of death of deceased Harbaks is found to have been mentioned in its post mortem report by the Doctor. In fact, the opinion with regard to cause of death has been kept reserved and visceras have been sent for chemical and hysto-pathological examination to laboratory. The petitioner is a lady, who has been falsely implicated in this case. Neither she gave any beating to the deceased nor she was armed with any weapon. The petitioner has been in custody since 26.07.2009. The matter is still pending investigation, which is likely to take time, hence, the petitioner being a lady may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the deceased Harbaks is alleged to have been beaten with clubs by the petitioner along with Rajesh and Vishal. The delay in lodging FIR occurred because of the fact that the sons of the deceased were employed at Gurgaon on the date of occurrence and both the complainant and his younger brother Deepak came to his village, when they received a phone on 16.07.2009 from his village with regard to this incident. The deceased right from the time of incident till death, remained in COMA and was not in a position to gave any statement, hence, no statement could not be recorded. The evidence emerging on record tangibly suggests that Harbaks was murdered by the petitioner along with Rajesh and Ishwar, who gave beating with club and danda to him. He is found to have sustained a head injury for which he was treated in Shourya Hospital, Malviya Nagar, Alwar as also in SMS Hospital, Jaipur. The petitioner is the main accused of this case, hence, her bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the gravity of the offence, do not deem it just and proper to grant indulgence of bail to the accused petitioner and the bail petitioner deserves to be dismissed. 6. In the result, the bail petition filed on behalf of the petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- s-3