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2025 DAILYLAW 25246 (RAJ)

CHOTI W/O SH. SHANKAR SINGH @ BHAWANI MEENA v. THE STATE OF RAJASTHAN

CRLMB/9303/2025 · 2025-07-30

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28899] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9303/2025 1. Choti W/o Sh. Shankar Singh @ Bhawani Meena, Aged About 50 Years, R/o Village Musepur, Police Station Bhusawar, District Bharatpur (Raj.) (At Present Accused Petitioner Is Confined In District Jail Bharatpur). 2. Seema W/o Banwari, Aged About 45 Years, R/o Village Baroli, Police Station Bhusawar, District Bharatpur (Raj.) (At Present Accused Petitioner Is Confined In District Jail Bharatpur). 3. Jyoti D/o Banwari, Aged About 21 Years, R/o Village Baroli, Police Station Bhusawar, District Bharatpur (Raj.) (At Present Accused Petitioner Is Confined In District Jail Bharatpur). ----Petitioners Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Himanshu Meena For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 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.212/2025 registered at Police Station Bhusawar, District Bharatpur for the offences punishable under Sections 189(2), 115(2), 126(2), 121(1), 132, 351(2), 351(3), 109(1) & 125 of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023, Section 3 of Prevention of Damage to Public Property Act, 1984 (in [2025:RJ-JP:28899] (2 of 3) [CRLMB-9303/2025] short, ‘P.D.P.P. Act’) and Sections 19/54 & 19/54(A) of Rajasthan Excise Act, 1950. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that petitioners are females and they have been arrested in gross violation of provisions of BNSS. It is submitted that complainant of this case is ASI, who is posted in the same police station and for this reason, offence under Section 307 of IPC (109(2) of BNS) has been added, despite the fact that all injuries sustained by the injured are simple in nature. It is contended that except one criminal antecedent for the offences under Sections 323 & 341 of IPC against petitioner ‘S’, there are no criminal antecedents against other petitioners. It is submitted that trial will take considerable time in its conclusion. It is contended that petitioners are in custody since 28.06.2025 and further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. 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 learned counsel for the petitioners, especially considering the fact that petitioners are females; all the injuries sustained by the injured are simple in nature; petitioners are in custody since 28.06.2025 and trial will take time in its conclusion, but without commenting [2025:RJ-JP:28899] (3 of 3) [CRLMB-9303/2025] anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – (1) Choti W/o Sh. Shankar Singh @ Bhawani Meena, (2) Seema W/o Banwari, and (3) Jyoti D/o Banwari, shall be released on bail provided each of them 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 they 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. 7. 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 CHARU SONI /344