[2025:RJ-JP:39160] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11481/2025 Kamlesh W/o Late Of Puran, R/o Bighrapura, Police Station Basedi, District Dholpur (Raj.). (At Present Confined In District Jail, Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Jain with Mr. Udit Sapra For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/09/2025 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.158/2025 registered at Police Station Baseri, District Dholpur (Rajasthan) for offences punishable under Sections 85 & 80(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge- sheet in this matter for offence punishable under Section 108 of BNS, 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that initially, FIR was lodged for offences punishable under Sections 85 & 80(2) of BNS, 2023 (Corresponding to Sections 498A and 304B of IPC) however, during the course of investigation, offences punishable [2025:RJ-JP:39160] (2 of 3) [CRLMB-11481/2025] under Sections 85 and 80(2) of BNS, 2023 were not found proved and police filed charge-sheet for offence punishable under Section 108 of BNS, 2023 (Corresponding to Section 306 of IPC). It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is mother-in-law of the deceased and she is in custody since 03.06.2025 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. 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 during the course of investigation, offences punishable under Sections 85 and 80(2) of BNS, 2023 were not found proved and police filed charge-sheet for offence punishable under Section 108 of BNS 2023, so also the fact that petitioner is mother-in-law of the deceased and trial will take considerable time in its conclusion as well as looking to the period of custody, 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 -Kamlesh W/o Late Of Puran 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 [2025:RJ-JP:39160] (3 of 3) [CRLMB-11481/2025] 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 bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /148