POOJA DEVI W/O LATE SHRI RAMDHAN v. STATE OF RAJASTHAN
CRLMB/6779/2025 · 2025-05-28
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14457 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14457 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:22394] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 6779/2025 Pooja Devi W/o Late Shri Ramdhan, Aged About 27 Years, R/o Ward No. 3, Harijan Mohalla, Shivsinghpura, Police Station Udyog Nagar, District Sikar, At Present R/o Sihot Badi, Police Station Dhod, District Sikar (Raj.). (At Present Confined In District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/05/2025
1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.15/2024 registered at Police Station Dhod, District Sikar (Rajasthan) for the offence punishable under Section 302 of IPC. After completion of investigation, police filed charge- sheet in this matter for the offences punishable under Sections 302 & 120B of IPC.
2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 31.01.2025 while giving liberty to the petitioner to renew the prayer for bail after recording testimony of witness Ganpat Bavriya. Now, said
[2025:RJ-JP:22394] (2 of 3) [CRLMB-6779/2025] witness has been examined during the course of trial thus, this second bail application has been preferred.
3.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that witness Ganpat Bavriya has been examined during the course of trial as PW-2 wherein he has not supported the prosecution case and has been declared hostile. Counsel submits that entire prosecution case is based on circumstantial evidence and except, police interrogation of co-accused, no other evidence is available against the petitioner. Counsel submits that it has been alleged against the petitioner that she was in relationship with co-accused namely Suresh Kumar @ Kalu @ Nanu therefore, co-accused committed murder of her husband. Counsel submits that there is bleak chance of culmination of trial in near future as till date, only two witnesses have been examined out of thirty two cited prosecution witnesses. It is contended that petitioner is a female and she is in custody since 13.02.2024 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the prayer of bail made by learned counsel for the petitioner.
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 considering the fact that petitioner is a female and she is in custody since 13.02.2024 as also considering the fact that there is bleak chance of culmination of trial in near future as till date, only two witnesses have been
[2025:RJ-JP:22394] (3 of 3) [CRLMB-6779/2025] examined out of thirty two cited prosecution witnesses, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner Pooja Devi W/o Late Shri Ramdhan 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. 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 LALIT MOHAN /422