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2025 DAILYLAW 23443 (RAJ)

SONA BAI W/O TARACHAND v. STATE OF RAJASTHAN

CRLMB/8559/2025 · 2025-07-08

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:25032] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 8559/2025 1. Sona Bai W/o Tarachand, 2. Mohini Bai W/o Chhitar Lal, 3. Tona Bai W/o Khushraj, 4. Smt. Gora Bai @ Shankari W/o Brahmalal, all R/o Village Khashali (Gudagokulpura), Police Station Hindauli, District Bundi (Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashish Gausinga Mr. Aman Singh Meena Mr. Rohit Kumar Meena Mr. Ikhlash Mohammad For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 08/07/2025 1. The instant second bail application has been filed under Section 483 of BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 561/2024 registered at Police Station Hindauli, District Bundi for the offence(s) under Sections 189(2), 115(2) and 127(2) of BNS and Sections 4, 5 and 6 of the Rajasthan Prevention Of Witch Hunting Act. 2. Learned counsel for the petitioners submits that the first bail application of the petitioners was dismissed as withdrawn vide order dated 05.03.2025 with the liberty to file afresh after [2025:RJ-JP:25032] (2 of 3) [CRLMB-8559/2025] recording of the statement of victim and other eye-witnesses. It is further argued that learned trial court has recorded the statements of PW-1 Nandu Bai, PW 2 Radha Bai and PW-5 Narsimha. Learned counsel submits that the statements of the witnesses are not reliable as in their cross-examination they have stated that the names of accused petitioners were disclosed by police officials to them. It is also contended that the petitioners were not known to the victim and other eye-witnesses, in their cross-examination also they have stated that the petitioners were not known to them, police also did not conduct any test identification parade. The accused-petitioners are behind the bars since long and the trial of the case may take considerable time, therefore considering the above facts, the second bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor opposed the bail application and contended that the alleged offences against the petitioners are under the Rajasthan Prevention Of Witch Hunting Act, therefore considering the gravity of the offence, bail application of the accused-petitioners deserves dismissal. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by the counsel for the petitioners, it is not desirable to express anything on the merits of the case, the accused-petitioners are behind the bars since long and the trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners 1. Sona Bai [2025:RJ-JP:25032] (3 of 3) [CRLMB-8559/2025] W/o Tarachand, 2. Mohini Bai W/o Chhitar Lal, 3. Tona Bai W/o Khushraj, and 4. Smt. Gora Bai @ Shankari W/o Brahmalal, in connection with FIR No. 561/2024 registered at Police Station Hindauli, District Bundi shall be enlarged on bail provided each of them furnish personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /1