Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 25375 (RAJ)

SMT KAUSHLYA DEVI W/O SHRI NANAGRAM v. STATE OF RAJASTHAN

CRLMB/9385/2025 · 2025-08-11

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:31199] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9385/2025 Smt Kaushlya Devi W/o Shri Nanagram, Aged About 75 Years, R/o Uparlabas, Andhi, District Jaipur Rural ( At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. J.K. Moolchandani with Mr. Rajesh Sharma & Mr. Asha Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Smt Kaushlya Devi W/o Shri Nanagram, in FIR No. 118/2025 dated 20.06.2025 registered at P.S. Andhi, District Jaipur whereby the applicant-accused has charged under Sections 190, 115(2), 126(2), 103(1), 189(4) of BNS. 2. The applicant was arrested on 23.06.2025 and is in judicial custody since her arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present [2025:RJ-JP:31199] (2 of 4) [CRLMB-9385/2025] applicant-accused is complete and no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. Learned counsel for petitioner further submits that petitioner is a female and her age is 75 years. He further submitted that initially when the report was registered no specific involvement of present petitioner is mentioned in the report but later in the statement an improvement is made and it is stated that this 75 year old lady has tied hands of a 47 year old deceased so that accused Vinod may assault with knife. He further submitted that the allegation in FIR is upon Vinod and in the statement of witnesses again the allegation of causing deadly assault is upon Vinod and not upon present petitioner. He also submitted that the trial court has dismissed the bail application on analogy that this 75 year old infirm lady has contributed in assault. At last, he submitted that this petitioner accused is in custody since 23.06.2025. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Andhi along with case diary. 5. Heard learned counsel for the applicant-accused, learned Public Prosecutor. Perused the material placed on record. 6. On the basis of report dated 20.06.2025 lodged by complainant Indraj Sharma about deadly assault by Vinod [2025:RJ-JP:31199] (3 of 4) [CRLMB-9385/2025] from a knife the matter was investigated. After post-mortem the statement of witnesses was examined. This petitioner accused is arrested and investigation is concluded. The main accused is Vinod and the allegation of deadly assault is upon Vinod. The petitioner accused is in custody since 23.06.2025 and the petitioner is a 75 year old female. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused 8. Thus, the instant bail application filed on behalf of applicants-accused Smt Kaushlya Devi W/o Shri Nanagram, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:31199] (4 of 4) [CRLMB-9385/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /260