[2025:RJ-JP:2187] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15423/2024 Najmeen W/o Shahrukh Khan D/o Raees, R/o Ward No.7, Mandana District Kota Rural At Present 2-G-25 Chhatrapura Talab Vigyan Nagar Kota City Rajasthan. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan Ms. Simran Bharti For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Jagdish Nagar, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/01/2025 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.351/2024 registered at Police Station Vigyan Nagar, District Kota City for the offences punishable under Sections 115(2), 126(2) & 118(1) of BNS. During investigation, offences under Sections 115(2), 126(2), 103(1) & 118(1) of BNS have been found proved against the petitioner. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submit that petitioner is the wife of deceased Shahrukh Khan. As per prosecution case, petitioner murdered her husband with knife. In this regard, learned counsel contend that as a [2025:RJ-JP:2187] (2 of 3) [CRLMB-15423/2024] matter of fact, some altercation occurred between husband and wife during which the deceased sustained injury on his stomach by a knife (iron blade) by the petitioner. Learned counsel contends that there was no intention of the petitioner to murder/kill her husband. It is further argued that the alleged incident happened on 09.11.2024 whereas deceased died on 15.11.2024, i.e, almost seven days. Learned counsel further argues that as per post mortem report, the death has been caused due to septic shock as a result of antemortem injury to the stomach and small intestine. He submits that the deceased died due to subsequent complications occurred during treatment. Apart from this, the petitioner has a two months old baby to look after. It is contended that petitioner is also mentally retarded. She is in custody since 15.11.2024. Trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. On these grounds, learned counsel craves indulgence of bail for the accused-petitioner. 3. Per contra, learned Public Prosecutor and learned counsel for the respondent-complainant vehemently oppose the submissions made by the counsel for the petitioner. It is submitted that petitioner murdered her husband, therefore, she should not be granted bail. 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, especially the fact that petitioner is female and is a mother of two months old baby; the deceased [2025:RJ-JP:2187] (3 of 3) [CRLMB-15423/2024] died after seven days of alleged incident due to septic shock as a result of antemortem injury; she is in custody since 15.11.2024 whereas trial will take time in its conclusion but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Najmeen W/o Shahrukh Khan D/o Raees, 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. 7. The observation made hereinabove is only for decision of this bail application and would not give any effect or prejudice trial in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /115