[2025:RJ-JP:17474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 4045/2025 Suman S/o Pappulal, R/o Meeno Ki Dhani, Kuredi, P.S. Peeplu, District Tonk, Rajasthan. ----Petitioner Versus State of Rajasthan, Through PP. ----Respondent For Petitioner(s) : Mr. Sunil Tyagi Mr. Anirudh Tyagi For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP Mr. MK Kaushik Mr. Mahander Meena HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/04/2025 1. Instant second anticipatory bail application under Section 482 of B.N.S.S. has been filed by the petitioner, apprehending her arrest in FIR No. 109/2023 registered at Police Station Peeplu, District Tonk for offences under Sections 147, 148, 149, 307, 302, 336, 452 & 323 IPC. 2. Counsel for petitioner submits that petitioner happens to be a minor (juvenile) at the time of occurrence of incident on 07.04.2023 as per her date of birth indicated in her mark-sheet of Board of Secondary Education i.e. 26.01.2006 as much as her presence has not been shown on the spot by the statements of eye witnesses/ injured including PW-3-Ram Sahai, PW-11-Jagdish, PW-15-Durga PW-16-Satyanarayan, PW-25-Kali Devi, etc. hence, [2025:RJ-JP:17474] (2 of 3) [CRLMB-4045/2025] in such changed circumstances, the second bail application be held maintainable and petitioner be granted benefit of anticipatory bail. 3. Learned Public Prosecutor as also learned counsel for complainant have opposed the bail application and pointed out that the charge sheet against the petitioner is pending under Section 173(8) Cr.PC and in that view, benefit of statements of prosecution witnesses, referred by the learned counsel for petitioner, cannot be extended to petitioner while considering her second bail application more so when the first anticipatory bail application has been dismissed on merits vide order dated 09.11.2023. 4. Having argued the bail application for some time, counsel for petitioner, having instructions from petitioner, seeks permission to withdraw this second bail application with liberty to petitioner to surrender the petitioner before the concerned Sessions Court, where the criminal trial of present FIR is going on. 5. Taking into consideration the peculiar facts and circumstances of the present case and in view of the prayer for withdrawal of bail application, the instant second bail application is dismissed as withdrawn. 6. However, petitioner is at liberty to surrender herself before the concerned Sessions Court on or before 15.05.2025 and move a regular bail application. Since in the month of May, Court working hours are of morning, hence if, petitioner files bail application, before 10.00 AM of working day, then taking into consideration her date of birth, as indicated in the mark-sheet of Board of Secondary Education referred hereinabove, it is expected [2025:RJ-JP:17474] (3 of 3) [CRLMB-4045/2025] that the Sessions Court shall consider and decide her bail application expeditiously as early as possible, or on the same day, if possible. 7. It is hereby directed that till 15.05.2025, petitioner shall not be arrested. (SUDESH BANSAL),J RONAK JAIMAN/261-S