Rajasthan High Court Grants Bail To Woman Booked For Double Murder Citing Welfare Of Her 5-Yr-Old Child

The Rajasthan High Court granted bail to a 32-year old woman, accused in a dual murder case, opining that her situation was inherently vulnerable since she had a five year old son and no familial support to look after him.

“This innocent child, in the crucial formative years of his development, is deprived of the essential care, guidance, and emotional sustenance that only a mother can provide…Such involuntary deprivation not only inflicts severe emotional and psychological distress upon the petitioner but also undermines the child's welfare and well-being…This separation, therefore, transcends mere physical distance, amounting to a profound denial of the petitioner's elemental right to motherhood and care giving, thereby compounding her already precarious and vulnerable predicament,” said the bench of Justice Farjand Ali.

It was highlighted that the petitioner was behind bars, for almost two years wherein not much progress was made in the trial. Her in-laws had passed away, and the child was currently staying with his material grandmother, who also had to take care of her husband suffering from cancer.

Hence, the grandmother's abilities were substantially diminished to provide necessary care and supervision for the child.

After hearing the contentions, the Court took into account that the prosecution's case predominantly rested upon circumstantial evidence raising more suspicion about the petitioner's involvement in the alleged offence.

Underscoring the precedents that laid down the pre-requisites and important principles relating to circumstantial evidence, the Court observed that the evidentiary material on record, even if taken on face value, fell short of fulfilling requirements for conviction based solely on circumstantial evidence.

Furthermore, the Court analysed the legal principles under Section 437, CrPC, governing grant of bail in non-bailable offences, and stated that as per the Apex Court, the permissive term “may” when used in conjunction with a statutory duty had to be construed as “shall”. This interpretative principle ensured that judicial discretion was exercised judiciously and mandatorily.

In this background, the Court analysed and observed that, “In the present matter, the petitioner a young mother burdened with the care of a young child and bereft of any familial caretakers due to the demise of her in-laws and she is not having prior criminal antecedents. The record is devoid of any material or credible evidence suggesting that she poses any such threat to the trial process”.

Further, it stated that the petitioner was bereft of the invaluable opportunity to fulfil her natural and fundamental role as a mother. The maternal bond, that was universally recognized as vital to child's holistic growth was disrupted due to circumstances beyond their control.

It was held that in this background, it would be manifestly unjust and disproportionately punitive to continue the petitioner's incarceration based solely on gravity of the charges levelled against her.

Accordingly, the bail was allowed.

Title: Smt. Mariya v State of Rajasthan

Citation: 2025 LiveLaw (Raj) 265

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