ALPANA D/O SHRI ARVIND KUMAR v. STATE OF RAJASTHAN
CRLMB/12694/2024 · 2025-05-16
Farjand Ali
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31877 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31877 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20862] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IV Bail Application No. 12694/2024 Alpana D/o Shri Arvind Kumar, R/o House No. 354, Krishan Kunj Khora Bisal, Police Thana Kardhani, District Jaipur, Rajasthan. (Presently Confined In Jhunjhunu Jail, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vipin Sharma For Respondent(s) : Mr. Omkar Singh, PP HON'BLE MR. JUSTICE FARJAND ALI (THROUGH VIDEO CONFERENCING)
Order 16/05/2025
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case
1. FIR Number 137/2019
2. Concerned Police Station Buhana
3. District Jhunjhunu
4. Offences alleged in the FIR Under Sections 302, 380, 201, 120-B of IPC
5. Offences added, if any -
6. Date of passing of impugned
order -
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against her and her incarceration is not warranted. There are no factors at play in
[2025:RJ-JP:20862] (2 of 3) [CRLMB-12694/2024] the case at hand that may work against grant of bail to the accused-petitioner and she has been made an accused based on conjectures and surmises. Learned counsel for the petitioner further submits that the co-accused Manish Meena (Bail Application No.16083/2024) has already been enlarged on bail by this Court vide order dated 13.02.2025. He further submits that case of the petitioner is not distinguishable with that of the case of the co-accused Manish Meena who has already been enlarged on bail.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record. Four years have elapsed but the trial has not been culminated till now. The petitioner is a lady and there an express and special provision under Section 437 of Cr.P.C. for taking lenient view for releasing women on bail even for non-bailable offence and where bail is not usually granted. Co-accused Manish Meena (Bail Application No.16083/2024) has already been enlarged on bail by this Court vide order dated 13.02.2025. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
[2025:RJ-JP:20862] (3 of 3) [CRLMB-12694/2024]
5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 10-Chhavi/-