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2025 DAILYLAW 2424 (RAJ)

ASAMA W/O UMAR MOHAMMAD v. STATE OF RAJASTHAN

CRLMB/32/2025 · 2025-01-22

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:3107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 32/2025 Asama W/o Umar Mohammad, Aged About 42 Years, R/o Jhantali, P.s. Sikari, District Deeg, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Fajaru S/o Surjan, R/o Jhantali, P.s. Sikari, District Deeg, Rajasthan. ----Respondents For Petitioner(s) : Mr. Dharmendra Joshi Mr. Kanhaiya Lal Choudhary Mr. Akshay Dadhich For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Abhishek Garg, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 1. The instant pre-arrest bail application has been filed under Section 482 B.N.S.S. filed on behalf of the petitioner, who is having apprehension of arrest in FIR No.359/2024 registered at Police Station Sikri, District Deeg for the offences under Sections 189(2), 115(2), 126(2), 125, 332(c) & 352 of BNS. During investigation, offences under Sections 189(2), 115(2), 126(2), 125, 332(c), 352, 117(2) & 109 of BNS have been found proved against the petitioner. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel submit that cross cases have been registered between the parties. Learned counsel contend that both sides have sustained injury. There are omnibus allegations against the petitioner. Learned counsel argues that custodial interrogation of the petitioner, who is female, is not required in this matter. [2025:RJ-JP:3107] (2 of 2) [CRLMB-32/2025] 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioner. They submit that petitioner is duly named in the FIR. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the petitioner and especially the fact that cross cases have been registered between the parties and both sides have sustained injury, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the pre- arrest bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sikri, District Deeg in FIR No. 359/2024 is directed that in the event of arrest of the petitioner - Asama W/o Umar Mohammad, she shall be released on bail, provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to their satisfaction on the following conditions:- (i). that the petitioner shall make herself available for interrogation by a police officer as and when required; (ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the petitioner shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN),J CHARU SONI /115