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2025 DAILYLAW 33323 (RAJ)

ANITA SHARMA W/O GIRRAJ SHARMA v. STATE OF RAJASTHAN

CRLMB/14550/2024 · 2025-01-17

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14550/2024 Anita Sharma W/o Girraj Sharma, Aged About 42 Years, R/o Plot No. 104, Shiv Vihar, Murlipura, Jaipur, Rajasthan. (At Present In Mahila Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manoj Singh Chouhan through V.C Mr. Bhupendra Singh Gahlot For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Krishan Chander Sharma Mr. Vaibhav Pancholy HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 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.515/2018 registered at Police Station Brahmpuri, District Jaipur City (Raj.) for the offences punishable under Sections 420, 406 & 120-B of IPC. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Counsel submits that there is a civil dispute between the parties. He submits that the alleged offences are triable by Magistrate. Petitioner is female & in custody since 05.11.2024. There are no criminal antecedents of the petitioner. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:2542] (2 of 2) [CRLMB-14550/2024] 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the bail application. Learned counsel for complainant submits that an agreement to sale was executed by the petitioner in favour of the complainant but thereafter, same property was sold by her to another person. 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, as also the fact that alleged offences are triable by Magistrate & petitioner is female; absence of criminal antecedents as well as 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. 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. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Anita Sharma W/o Girraj Sharma, 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 GAUTAM JAIN /134