Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 28615 (RAJ)

KOMAL @ AARTI W/O MANOJ KUMAR AGARWAL v. STATE OF RAJASTHAN

CRLMB/10789/2025 · 2025-09-20

Praveer Bhatnagar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:38766] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IV Bail Application No. 10789/2025 1. Komal @ Aarti W/o Manoj Kumar Agarwal, Aged About 33 Years, Resident Of Ramnagar Colony Neemkathana Police Station Kotwali Neemkathana District Sikar (Raj.) (At Present Accused Petitioner Is Confined In District Jail Sikar) 2. Priya D/o Kapil Chauhan, Aged About 20 Years, Babanagar Police Station Yeshodhara At Present Sector 10 Siddharth Nagar Gaziabad (U.p.) (At Present Accused Petitioner Is Confined In District Jail Sikar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. K.K. Bhanda, Mr. Manish Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/09/2025 1. The fourth bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.42/2024 registered at Police Station Neem Ka Thana (Sikar), District Neem Ka Thana for the offence(s) under Sections 342, 363 and 365 of IPC and Section 84 of J.J. Act. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the petitioners are in custody since 22.01.2024. Out of 16 witnesses cited by the prosecution, the Trial Court has recorded statements of 10 witnesses. The other co- [2025:RJ-JP:38766] (2 of 3) [CRLMB-10789/2025] accused Lekhraj has already been enlarged on bail. It is also contended that the material witness Mishri Devi, in her statement before the police has stated that she saw the petitioners carrying the newly born child has turned hostile and not supported the prosecution story. The mother of the newly born child has also turned hostile, therefore, considering the long incarceration of the petitioners and unlikelihood of conclusion of trial within a reasonable time in near future, the fourth bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the fourth bail application and contended that the petitioners kidnapped newly born child from her mother and thereafter, handed over to the other co-accused Lekhraj, the allegation against the petitioners are grave in nature, therefore, the fourth bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the petitioners are in custody since 22.01.2024 and unlikelihood of conclusion of trial as six witnesses are yet to be examined. The other co-accused Lekhraj has already been enlarged on bail, therefore, on the grounds of long incarceration and unlikelihood of conclusion of trial in near future, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the fouth bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner namely: 1. Komal @ Aarti W/o Manoj Kumar Agarwal and 2. Priya D/o Kapil Chauhan, in connection with FIR No.42/2024 [2025:RJ-JP:38766] (3 of 3) [CRLMB-10789/2025] registered at Police Station Neem Ka Thana (Sikar), District Neem Ka Thana, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The concerned Court would verify the addresses of the petitioners as well as the sureties through concerned SHO and after satisfying that the given addresses in the bail bonds are correct, shall release the petitioners on bail. 7. The accused-petitioners are also directed to submit their present address, mobile numbers and recent photographs to the concerned SHO and the concerned SHO shall verify the said address and the mobile numbers. In case the accused-petitioners change the address or mobile numbers, in that situation they will inform about the same to the concerned SHO. 8. A copy of this order shall be sent to the concerned SHO for its strict compliance. (PRAVEER BHATNAGAR),J Keshav/12