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2025 DAILYLAW 28570 (RAJ)

SHEELA W/O PHOOL SINGH v. STATE OF RAJASTHAN

CRLMB/10736/2025 · 2025-08-26

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:33838] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10736/2025 Sheela W/o Phool Singh, Aged About 43 Years, R/o Khativas- Chaundawata, P.S. Kishangarh- Bas, District Khairthal-Tijara (Raj.). (Presently In District Jail, Alwar, Dist. Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anupam Sharma with Mr. Harshit Parashar For Respondent(s) : Mr. N.S. Dhakar, Addl.G.A. with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/08/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.04/2025 registered at Police Station Mahila Thana Khairthal, District Khairthal-Tijara for the offences punishable under Sections 80(2), 85 & 316(2) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that petitioner before this Court is mother in-law of the deceased and she has nothing to do with the alleged offence. It is submitted that there is no evidence against the petitioner of harassing or assaulting the deceased soon before her death on [2025:RJ-JP:33838] (2 of 3) [CRLMB-10736/2025] account of demand for dowry. It is contended that admittedly, at the time of alleged incident, petitioner was not at home and Investigating Officer of this case has clearly observed in the charge-sheet that deceased died due to consumption of poison, due to dispute over domestic work. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. It is argued that petitioner is in custody since 02.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner however, fairly concedes that Investigating Officer has observed in this case that deceased committed suicide due to dispute over domestic work. 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 petitioner, especially considering the material available on record in the form of charge-sheet, as also considering the fact that petitioner before this Court is mother in- law of the deceased, there are no criminal antecedents against the petitioner 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 this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Sheela W/o Phool Singh, shall be released on bail provided, she shall furnish a personal bond in the [2025:RJ-JP:33838] (3 of 3) [CRLMB-10736/2025] 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. 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 /222