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2025 DAILYLAW 13825 (RAJ)

SMT. GEETA W/O RAKESH v. STATE OF RAJASTHAN

CRLMB/4466/2025 · 2025-04-02

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:14841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4466/2025 Smt. Geeta W/o Rakesh, Aged About 45 Years, R/o Anand Nagar Colony, Bharatpur, Police Station Kotwali Bharatpur, District Bharatpur. (At Present Confined In Central Jail Bharatpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Himmat Singh Bikarwar, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/04/2025 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.38/2025 registered at Police Station Uchhain, District Bharatpur for the offences punishable under Sections 305(b) and 305(c) of BNS, 2023. Investigation is being conducted in this matter for the offences punishable under Sections 305(a) and 305(b) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. He argues that trial of the case will take considerable time. He contends that the petitioner, who is lady, is in custody since 06.03.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:14841] (2 of 3) [CRLMB-4466/2025] 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that petitioner is a habitual offender as three other cases have been registered against her. 4. At this stage, learned counsel for the petitioner submits that in one case, petitioner has already been acquitted by the trial Court and in other cases, she is not named in the FIR. 5. I have considered the contentions. 6. 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 alleged offences are triable by Magistrate; the petitioner is a female 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 proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner– Smt. Geeta W/o Rakesh shall be released 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. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and she shall mark her presence in second week of every month in the [2025:RJ-JP:14841] (3 of 3) [CRLMB-4466/2025] concerned police station, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark her presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to her by this Court. (ANIL KUMAR UPMAN),J MADAN/293