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2025 DAILYLAW 25218 (RAJ)

BHULIBAI W/O HEMRAJ v. STATE OF RAJASTHAN

CRLMB/9342/2025 · 2025-08-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:32161] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9342/2025 1. Bhulibai W/o Hemraj, Aged About 43 Years, R/o Brajnagar, Police Station Kishanganj, District Baran (Raj.). (At Present Confined In District Jail Baran). 2. Dheeraj @ Sonu S/o Hemraj, Aged About 22 Years, R/o Brajnagar, Police Station Kishanganj, District Baran (Raj.). (At Present Confined In District Jail Baran). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kalyan Chand Surela with Mr. Kuldeep Singh For Respondent(s) For Complainant(s) : : Mr. Tapesh Agarwal, PP Mr. Jagdish Nagar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/08/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.250/2024 registered at Police Station Kishanganj, District Baran (Raj.) for the offences punishable under Sections 126(2), 115(2), 109(1), 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 109(1), 103(1), 3(5) & 118(1) of BNS, 2023 and Section 4/25 of Arms Act. [2025:RJ-JP:32161] (2 of 3) [CRLMB-9342/2025] 2. Learned counsel for the petitioners seeks withdrawal of this bail application to the extent of accused-petitioner No.2- Dheeraj @ Sonu S/o Hemraj. 3. Permission sought for is granted. 4. Accordingly, this bail application is dismissed as withdrawn qua accused-petitioner No.2. 5. So far as accused-petitioner No.1 Bhulibai W/o Hemraj is concerned, counsel submits that she has falsely been implicated in this case. Counsel submits that according to the prosecution story, petitioner caused injury on the head of the deceased by blunt weapon (lathi) but according to the post-mortem report, injury on the head of the deceased has been caused by sharp edged weapon and head injury is the cause of death. It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is a female who is in custody since 21.12.2024 and further custody of the petitioner would not serve any fruitful purpose. 6. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. It is submitted that active role of the petitioner is appearing in the charge-sheet. 7. I have considered the contentions. 8. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by counsel for the parties, especially considering the material available on record in the form of charge-sheet, as also the fact that petitioner is a [2025:RJ-JP:32161] (3 of 3) [CRLMB-9342/2025] female against whom there is allegation that she caused injury on the head of the deceased by blunt object (lathi) but injury on the head which is cause of death has been caused by sharp edged weapon and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 9. This bail application is accordingly partly allowed and it is directed that accused-petitioner No.1- Bhulibai W/o Hemraj, 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. 10. The observations made hereinabove are 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 /191