[2025:RJ-JP:35149] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11112/2025 1. Ajay Singh S/o Mangelal, Aged About 32 Years, Resident Of Iteda, Police Station Laxmangarh, District Alwar (Raj.) (At Present Accused Petitioner Is Confined In Central Jail Alwar). 2. Neha @ Kallo D/o Late Rakesh Bairwa, Aged About 21 Years, R/o Village Pundra, Police Station Rajgarh, District Alwar (Raj.) (At Present Accused Petitioner Is Confined In Central Jail Alwar) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Anju Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the applicants-accused Ajay Singh S/o Mangelal and Neha @ Kallo D/o Late Rakesh Bairwa in FIR No. 539/2023 dated 12.12.2023 registered at P.S. Malakheda District -Alwar, whereby the applicants-accused were charged under Sections 365 and 302 IPC. 2. The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are [2025:RJ-JP:35149] (2 of 5) [CRLMB-11112/2025] innocent and falsely implicated in the present case. She also submits that the trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioner submitted that this Hon’ble Court has granted bail to Omvati on 08.08.2025, who is mother of petitioner No.2 Neha and close relative of petitioner Ajay Singh. She further referred interrogation note as referred in order dated 08.08.2025 and submitted that the material on record clearly indicated that there is no evidence against the petitioner and till date, 6 witnesses were examined before the trial court. She also submitted that these petitioners are in custody since 13.12.2023 and still disposal of sessions case will take time. She also submitted that complainant and other witnesses have turned hostile and not supported the case of prosecution. She further submitted that both the petitioners are seeking bail on ground of parity as no specific overt act is mentioned in the charge-sheet. 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. While considering bail application No12564/2024, this Court has allowed bail of Omvati, who is wife of deceased and facing allegation of murder of her own husband in conspiracy with her daughter, a close relative Ajay and minor son. The observation of this Court is as under: [2025:RJ-JP:35149] (3 of 5) [CRLMB-11112/2025] “On basis of report lodged by PW-1 Kokaram, the matter was investigated as the report is registered against known person. Before report dated 12.12.2023, a missing person report was registered by the present petitioner and police has investigated the same. On basis of opinion of Medical Board that deceased died due to asphyxia caused by strangulation has concluded that the present petitioner accused, who is wife of deceased in conspiracy with her daughter Neha @ Kalo, a close relative Ajay Singh and her minor son has murdered deceased and further to secure insurance amount manipulated the facts in such a manner to show that the deceased died in an accident. We have called interrogation of Kumari Neha and her interrogation note is really shocking which shows that deceased was regularly indulged in physical relation with his own daughter(s) and despite that Neha @ Kalo got admitted to hostel (boarding school), but deceased continued his act as and when Nehe @ Kalo returned to home. The deceased also indulged in sexual relation with two other sisters of Neha (daughters of deceased). All relatives or non-relatives were known to this fact. We have also seen interrogation note of a juvenile (younger brother) of Neha @ Kalo who is also a co-accused. PW-1 Kokaram has turned hostile and not supported the case of prosecution. The case squarely rests upon circumstantial evidence and till date 6 witnesses were examined before the trial Court and we have gone through the evidence recorded so far. The petitioner accused is in custody since 13.12.2023 and she is a mother of five children out of which two are facing [2025:RJ-JP:35149] (4 of 5) [CRLMB-11112/2025] trial with this petitioner accused for taking part in murder of deceased. Remaining 3 children are out of conspiracy and two of them are girls.” 8. Having considered the entire material on record particularly referred material, I am of considered view that petitioner Neha is daughter of deceased, who allegedly faced ordeal of sexual harassment from her own father whereas petitioner Ajay is close relative of petitioner. The impugned order dated 22.08.2025 indicated that 6 prosecution witnesses were examined and still the matter is pending. There is no criminal antecedent against the petitioners. 9. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required and he/she is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 10. Thus, the instant bail application filed on behalf of applicants-accused Ajay Singh S/o Mangelal and Neha @ Kallo D/o Late Rakesh Bairwa, is hereby allowed and the applicant-accused are ordered to be released on bail with condition that each of the petitioners would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:35149] (5 of 5) [CRLMB-11112/2025] (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /05