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2025 DAILYLAW 33543 (RAJ)

SMT. BHARPAI DEVI W/O SUBESINGH v. STATE OF RAJASTHAN

CRLMB/14777/2024 · 2025-01-09

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1493] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14777/2024 Smt. Bharpai Devi W/o Subesingh, R/o Majra, Police Station Mundawar, District Khairthal-Tijara, Rajasthan. (At Present Confined In Jail, District Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vivek Gaur For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. Rahul SInsinwar HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 09/01/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 395/2024 registered at Police Station Mundawar, District Khairthal, Tijara for the offence(s) under Sections 115(2), 126(2), 125, 3(5) of BNS. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that FIR itself is delayed by two days which creates doubt. Petitioner is a lady and there are no criminal antecedents against the petitioner. The accused petitioner is in custody since long and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant have opposed the bail application. [2025:RJ-JP:1493] (2 of 2) [CRLMB-14777/2024] It is contended that FIR could not be lodged on the same day as the injured was admitted in the hospital and the delay has been caused due to hospitalization of the injured. It is also contended that injured Ramavtar received grievous injuries at his head and also two other injuries. Petitioner and other co-accused pelted bricks over Ramavtar, therefore considering the nature of injuries caused to the petitioner, his bail application deserves to be dismissed. Heard and perused the material available on record. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Smt. Bharpai Devi W/o Subesingh, in connection with FIR No. 395/2024 registered at Police Station Mundawar, District Khairthal, Tijara 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /58