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2025 DAILYLAW 35566 (RAJ)

MANU KUMARI @ MONA S/O PURUSHOTTAM v. STATE OF RAJASTHAN

CRLMB/16415/2024 · 2025-01-15

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:1962] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16415/2024 Manu Kumari @ Mona w/o Purushottam, R/o Ateva, Police Station Kaila Devi, District Karauli (Raj.) (At Present In District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ved Prakash Sogarwal For Respondent(s) : Ms. Arti Sharma, PP Mr. Mukesh Pal Jadaun HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/01/2025 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.93/2024 registered at Police Station Kailadevi, District Karauli (Raj.) for the offences punishable under Sections 189(2), 115(2), 126(2) & 303(2) of BNS. Later on, police filed charge-sheet for the offences punishable under Sections 115(2), 126(2), 103(1), 333, 190, 191(2), 191(3). 117(2), 61(2) (b), 332(a) & 332(b) of BNS. 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 in the FIR, no specific role has been attributed to the petitioner. He submits that according to the post- mortem report, three injuries were noticed on the dead body by the medical board. Injury No.1 is surgical stitched wound & injury [2025:RJ-JP:1962] (2 of 3) [CRLMB-16415/2024] Nos.2 & 3 are diffuse swelling present over left temporo-parietal & right occipital region of scalp. It is submitted that medical expert has not opined any definite opinion regarding cause of death and same has been kept reserved till receiving FSL & HPE report. Counsel submits that petitioner is a lady, aged about 26 years & having no criminal antecedents. He also contends that deceased was suffering from pulmonary Tuberculosis (TB) for last 8-10 years and possibility of death cannot be ruled out that he died on account of his old disease. Charge-sheet has been filed and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by learned counsel for the petitioner. They submit that petitioner is named in FIR & she 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 both the parties, as also the fact that petitioner is female; charge-sheet has been filed; 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 - Manu Kumari @ Mona w/o [2025:RJ-JP:1962] (3 of 3) [CRLMB-16415/2024] Purushottam, 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 /287