Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 34700 (RAJ)

BHUMIKA SHARMA S/O SHRI AVINASH SHARMA v. STATE OF RAJASTHAN

CRLMB/15759/2024 · 2025-01-03

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15759/2024 Bhumika Sharma wife of Shri Avinash Sharma, Aged About 29 Years, R/o Gadi Thoriyan, Gopal Nagar, Beawar, District Beawar (Raj.). (At Present Confined In District Jail Jhalawar) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg, Adv., with Mr. Nonit Hatela, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP and Mr. Shailesh Kumar Panwar, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 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.418/2024 registered at Police Station Jhalrapatan, District Jhalawar for the offences punishable under Section 318(4) & 316(2) of BNS, 2023. Investigation is being conducted for the offences punishable under Sections 318(4), 316(2) & 61 of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate and maximum sentence prescribed for the alleged offences is seven years. He further submits that as per the FIR, main allegation is against the husband of the petitioner. The [2025:RJ-JP:370] (2 of 3) [CRLMB-15759/2024] petitioner is a female and she is a mother of four years old child. The petitioner does not have any criminal antecedents. The petitioner is in custody since 18.11.2024 and trial will take considerable time. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioner. Learned counsel for the complainant submits that husband of the petitioner is the mastermind of the alleged offences and petitioner has also actively participated in commission of crime. 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 the petitioner is a female and is a mother of four years old child; alleged offences are triable by Magistrate; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, 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 – Bhumika Sharma wife of Shri Avinash 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 [2025:RJ-JP:370] (3 of 3) [CRLMB-15759/2024] 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 MADAN/302