[2025:RJ-JP:13958] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3736/2025 Smt. Shila W/o Ashok, R/o Village Bhadira, Police Station Nadbai, District Bharatpur (Raj.) (At Present Petitioner Is Confined In Central Jail Bharatpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rudranshu Singh, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.456/2023 registered at Police Station Nadbai, District Bharatpur (Rajasthan) for the offences punishable under Sections 302 and 34 of IPC. Later on, Police filed charge- sheet in this matter for the offences punishable under Sections 302, 201 and 34 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel submits that alleged incident took place on intervening night of 27/28.08.2023 while matter was reported to the police on 03.09.2023. He further submits that no post-mortem was conducted in this matter as without informing the Police, cremation of the deceased was performed by the family members including complainant. He [2025:RJ-JP:13958] (2 of 3) [CRLMB-3736/2025] argues that after six days of alleged incident false story was concocted by the complainant and alleged that petitioner confessed her guilt and disclosed that murder was committed on account of her affair with the co-accused Radhey Shyam, who has already been granted benefit of bail by this Court vide order dated 21.01.2025. He further argues that charge-sheet has already been filed and trial will take considerable time in its conclusion. He contends that the petitioner is in custody since September, 2023 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that extra judicial confession of the petitioner as well as co-accused are available on record and it is well-settled law that conviction can be recorded on the basis of extra judicial confession. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that no post-mortem report is available on record suggesting the fact that death of the deceased was suicide; co-accused person has already been granted benefit of bail by this Court and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Smt. Shila W/o Ashok shall be released [2025:RJ-JP:13958] (3 of 3) [CRLMB-3736/2025] on bail provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that she shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/184