Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 30697 (RAJ)

TRISHA RATHORE @ NISHA KHAN @ NUNHAR @ NUNI @ SHANU @ NURI @ NISHA KHAN @ NUNA D/O JAHAGEER KHAN v. STATE OF RAJASTHAN

CRLMB/11699/2024 · 2025-02-07

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11699/2024 Trisha Rathore @ Nisha Khan @ Nunhar @ Nuni @ Shanu @ Nuri @ Nisha Khan @ Nuna D/o Jahageer Khan, Aged About 35 Years, @ Rajneesh Singh Rathore, R/o House No. 153 Ekta Nagar Colony, Nana Kheda Bus Stand, District Ujjain, Madhayapradesh (At Present Confined In Centre Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/02/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.340/2024 registered at Police Station Vaishali Nagar, District Jaipur (West) (Raj.) for the offence punishable under Section 308(6) of BNS. Investigation is being conducted for the offences punishable under Sections 308(2)(6), 419, 338, 336(1) & 340(2) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. He submits that maximum allegation against the petitioner that she stoled Rs.10,400/- from the complainant. Petitioner is in custody since his date of arrest. Charge-sheet has [2025:RJ-JP:5455] (2 of 3) [CRLMB-11699/2024] been filed & trial of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that petitioner is a habitual offender as 13 other cases have been registered against her. 4. Despite name of learned counsel for complainant is reflecting in the cause list, no one has put in appearance on behalf of complainant. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also considering the role attributed to the petitioner as mentioned in the charge-sheet and the fact that alleged offences are triable by Magistrate; trial will take time in its conclusion; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Trisha Rathore @ Nisha Khan @ Nunhar @ Nuni @ Shanu @ Nuri @ Nisha Khan @ Nuna D/o Jahageer Khan, 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 [2025:RJ-JP:5455] (3 of 3) [CRLMB-11699/2024] 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. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and she shall mark her presence in first week of every month in the concerned police station. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark her presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to her by this Court. 11. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /68