[2025:RJ-JP:38240] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10917/2025 Smt Rekha S/o Shri Kalu @ Prahlad, Aged About 25 Years, R/o Modi Nadi Jethana Mangliyawas, District Ajmer. (At Present In Central Jail, Ajmer). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajesh Kumar Sharma with Ms. Kamini Sharma For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/09/2025 1. This bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.97/2025 registered at Police Station Mangaliawas, District Ajmer (Rajasthan) for offences punishable under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 103(1), 61(2) and 85 of BNS, 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner has been made accused in this case simply on the basis of police interrogation of co-accused. Counsel submits that it has been disclosed by the co-accused in interrogation that petitioner [2025:RJ-JP:38240] (2 of 3) [CRLMB-10917/2025] instigated him to commit murder of his wife. Counsel submits that police interrogation of the co-accused is not admissible as evidence as same is hit by Section 23(1) of Bharatiya Sakshya Adhiniyam, (in short ‘BSA’) 2023 (Corresponding to Section 25 of the Indian Evidence Act). Counsel submits that petitioner has been made accused in this case with the aid of Section 61(2) of BNS, 2023 (Corresponding to Section 120B of IPC). It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is a female and she is in custody since 17.04.2025 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. 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 the fact that prima facie, it appears that petitioner has been made accused on the basis of disclosure made by co-accused during the course of interrogation, so also the fact that petitioner is a female 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 fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Smt Rekha S/o Shri Kalu @ Prahlad [2025:RJ-JP:38240] (3 of 3) [CRLMB-10917/2025] 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. 7. 7. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /166