KHILLO DEVI W/O KAILASH CHAND v. STATE OF RAJASTHAN
CRLMB/399/2025 · 2025-01-09
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2885 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2885 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1428] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 399/2025 Khillo Devi W/o Kailash Chand, Aged About 55 Years, R/o Basedi, Police Station Mehandipur Balaji, District Dausa. (Rajasthan) (Presently Confined In District Jail, Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta Mr. Utkarsh Goyal For Respondent(s) : Mr. Devi Singh Shekhawat & Mr. NS Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 09/01/2025
1. This second application for bail has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.0131/2024 registered at Police Station Mehandipur Balaji District Dausa for offences under Sections 85 and 80(2) of BNS.
2. It is contended by learned counsel for the petitioner that the first bail application of the petitioner was dismissed with liberty to renew the prayer of bail after recording testimony of the complainant. It is further submitted that now complainant has been examined as PW.1 at trial and thus this second bail application has been preferred. Learned counsel submits that the petitioner is the mother-in-law of the deceased and omnibus allegations have been levelled against her. He submits that prior to the alleged incident, no complaint was made by the deceased. He submits that according to the post-mortem report, cause of death is asphyxia due to ante-mortem hanging. Learned counsel further submits that it is also evident from the post-mortem report that except ligature mark, no injury was found on the body of the deceased. The petitioner
[2025:RJ-JP:1428] (2 of 2) [CRLMB-399/2025] is in custody since 06.09.2024 whereas trial will take long time in its conclusion and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner and submits that there is allegation against the petitioner that she also harassed the deceased on account of demand of dowry.
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, specially the fact that the petitioner is a female, who is aged about 55 years, she is in custody since 06.09.2024 and trial will take time in its conclusion but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This second bail application is accordingly allowed and it is
directed that accused-petitioner Khillo Devi W/o Kailash Chand 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.
(ANIL KUMAR UPMAN),J Sunita/173