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2025 DAILYLAW 33391 (RAJ)

SAROJ @ SUMAN W/O SH. KRISHAN KUMAR v. STATE OF RAJASTHAN

CRLMB/14635/2024 · 2025-03-19

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:12506] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.14635/2024 Saroj @ Suman W/o Sh. Krishan Kumar, Aged About 33 Years, R/o New Basti, Near Kojiwala School, Village Jalo, Police Station Dabla, District Neem Ka Thana (Rajasthan) (At Present Accused Petitioner Confined In District Jail, Neem Ka Thana). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anupam Sharma, Adv. Ms. Mamta Agarwal, Adv. Mr. Parth Sharma, Adv. For Respondent(s) For Complainant : : Mr. Amit Poonia, PP Mr. Mukesh Pal Jadoun, Adv. Mr. Mohamad Aslam, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/03/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.236/2024, registered at Police Station Dabla, District Neem Ka Thana, for the offence(s) under Section 103(2) of B.N.S. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is alleged against the accused-petitioner that she caused death of minor child by drowning her in the water tank. The material eye- witnesses namely PW.1 Bachana Ram, PW.2 Krishan Kumar, PW.3 Pinky Devi and PW.4 Asha have already been examined. PW.3 [2025:RJ-JP:12506] (2 of 3) [CRLMB-14635/2024] Pinky Devi has been declared hostile and not supported the prosecution story. There are no direct evidence available on record to the fact that the petitioner has thrown her newly born baby in the water tank, no incriminating material was recovered at the instance of the accused-petitioner, apart from a cloth which was alleged to be covered on the newly born child. The material eye- witnesses in their cross-examination have also shown the possibility that some monkeys may have took the newly born baby and due to accident the baby might have fallen in the water tank. The accused-petitioner is in custody since 24.10.2024 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the grant of bail application. 4. Heard and perused the material available on the record. 5. The material eye-witness PW.3 Pinky Devi has turned hostile and not supported the prosecution story. Considering the arguments advanced by learned counsel for the petitioner and after going through the statements of the eye-witnesses, looking to the fact that accused-petitioner is in custody since long and the trial of the case may take considerable time, therefore, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Saroj @ Suman W/o Sh. Krishan Kumar, in connection with FIR No.236/2024, registered at Police Station Dabla, District Neem [2025:RJ-JP:12506] (3 of 3) [CRLMB-14635/2024] Ka Thana, 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 and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-83