The Rajasthan High Court at Jodhpur granted bail to a woman accused, Mariya, who had been in judicial custody for two years in connection with the alleged murder of two women. The order was passed by Hon’ble Justice Farjand Ali on 4th August 2025.
Mariya was arrested on 2nd November 2023 and charged under Sections 302, 394, 380, 436, 201, and 449 of the Indian Penal Code (IPC). The case is currently pending before the trial court, and only a few prosecution witnesses have been examined so far.
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"The accused is a young woman bearing the sole responsibility of caring for her five-year-old child, with no surviving in-laws to assist. The child presently resides with the maternal grandmother, who is herself burdened with the care of her cancer-stricken husband."
- Rajasthan High Court
The Court found that there was no direct evidence against the accused and that the case relied solely on circumstantial evidence. Referring to the five principles laid down by the Supreme Court in Sharad Birdhichand Sarda v. State of Maharashtra (1984), the Court stated:
"If the chain of circumstantial evidence does not conclusively prove guilt and leaves room for other hypotheses consistent with innocence, the benefit of doubt must go to the accused."
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The Court also considered that the accused had no prior criminal antecedents and no influence or power to tamper with witnesses or the judicial process.
"Prolonged incarceration without conviction constitutes a violation of personal liberty under Article 21 of the Constitution."
- Justice Farjand Ali
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The Court further highlighted that the child was deprived of essential maternal care during formative years and the mother of her fundamental right to nurture her child, leading to grave emotional and psychological distress.
The Court allowed the bail application under Section 439 Cr.P.C., ordering Mariya’s release on furnishing a personal bond of ₹50,000 and two sureties of ₹25,000 each, subject to her appearance on all hearing dates before the trial court.
Case Title: Smt. Mariya vs. State of Rajasthan
Case No.: [CRLMB-4520/2025]