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2025 DAILYLAW 13913 (RAJ)

SMT GUDDI DEVI WIFE OF RAMSAHAI v. STATE OF RAJASTHAN

CRLMB/4534/2025 · 2025-05-01

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:18427] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4534/2025 Smt. Guddi Devi Wife Of Ramsahai, Aged About 68 Years, Resident Of Dadupanthi Mohalla, Malarna Dungar, Police Station Malarna Dungar, District Sawaimadhopur At Present Lodged In The District Jail Gangapur City. ----Petitioner Versus State Of Rajasthan, Through The P.p. ----Respondent For Petitioner(s) : Mr. Ashvin Garg with Mr. Nonit Hatila For Respondent(s) For Complainant : : Mr. Jaiprakash Tiwari, PP Mr. Rajneesh Gupta Mr. Amit Singh Shekhawat HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 01/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.55/2024 registered at Police Station-Vazirpur, District-Gangapur City for the offences under Sections 420, 467, 468 and 120B of IPC. 2. Heard learned counsel for the petitioner, learned Public Prosecutor and counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The allegation against the petitioner is that the petitioner has fabricated the death certificate dated 16.05.1972 but there is no iota of evidence against her on [2025:RJ-JP:18427] (2 of 3) [CRLMB-4534/2025] the material available on record. In fact, she has never applied for the death certificate and no document has been executed by her. Counsel further submits that earlier also near about on the same grounds, the complainant has filed an FIR on which police has filed negative final report, though the protest petition was there and cognizance has been taken. There are the revenue disputes between the parties, which are pending before the Competent Court. For the sake of arguments, if any document has been fabricated by the present petitioner then under Section 195 Cr.P.C., the competent Court before whom the document has been produced may initiate criminal proceedings. He further submits that the main beneficiary Santosh Kumar @ Gujrati and Jitendra Akodiya have got the benefit of bail by Coordinate Bench of this Court. Petitioner is old 70 years lady and behind the bars since 19.02.2025. With respect to her investigation has been completed and no fruitful purpose will be served by keeping the petitioner in incarceration. The trial of the case may take considerable time, hence the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant has submitted that the petitioner is the real beneficiary of the complained act. Though there are revenue cases pending between them but in that also, she has tried to get the benefit of the complained act. He further submitted that an agreement was executed by the petitioner's sister-Indra Devi in collusion with present petitioner. Apparently real beneficiary is Guddi Devi. [2025:RJ-JP:18427] (3 of 3) [CRLMB-4534/2025] 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the fact that there is no material by which it can be inferred that the present petitioner has applied for the death certificate or has executed any document regarding the same but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Smt. Guddi Devi Wife Of Ramsahai shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for her appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/221