[2025:RJ-JP:34765] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 10813/2025 Afsana W/o Amrud Khan, Aged About 50 Years, R/o Shesha, P.s. Malarna Dungar, District Sawai Madhopur (Confined In Sawai Madhopur Jail) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Aniket Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Tarun Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/08/2025 1. This second bail application under Section 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.69/2025 registered at Police Station Malarna Dungar, District Sawai Madhopur (Raj.) for the offence punishable under Section 80(2) 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 80(2) and 85 of BNS, 2023. 2. The previous bail application (No.7757/2025) filed on behalf of the petitioner was dismissed by this court on 28.07.2025 after considering the fact that investigation is still going on. Now, Charge-sheet has been filed in this matter, thus this second bail application has been preferred. [2025:RJ-JP:34765] (2 of 3) [CRLMB-10813/2025] 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner is mother-in-law of the deceased. He further submits that during investigation, co-accused persons including husband of the deceased have not been found involved in commission of the alleged offence. He argues that both the families of deceased and accused person are from economically weaker section of society and there was dispute between the petitioner and deceased over domestic chores. The Investigating Agency has also concluded that husband of the deceased is working abroad to earn his livelihood and deceased used to stay at her parental home for maximum time. It has also been concluded by the Investigating Agency that dead body of the deceased was buried with consent of her parents. Counsel submits that after 17 days of the alleged incident, matter was reported to the police alleging therein that several marks of injuries were present on the dead body. He argues that post- mortem was conducted after taking out the dead body from its grave. As per post-mortem report, no sign of external injuries were found on the body. Further, no fracture was found on the dead body which shows that entire story narrated by the complainant is afterthought. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is a female, aged about 50 years and she is in custody since 04.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by counsel for the petitioner. It is submitted that ample evidence is available [2025:RJ-JP:34765] (3 of 3) [CRLMB-10813/2025] on record suggesting that deceased was subjected to cruelty on account of demand for dowry by the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially considering the material available on record in the form of charge-sheet and conclusion drawn by the Investigating Agency during investigation and the fact that petitioner is female and trial will take considerable time in its conclusion as well as looking to the poor financial background of both the families; period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Afsana W/o Amrud Khan, 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. 8. 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 GAUTAM JAIN /194