Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12130/2025 Amir W/o Kunwar, Aged About 35 Years, R/o Village Arsi, Police Station Nagar District Deeg. At Present In Central Jail, Bharatpur. ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr.Harendra Singh Sinsinwar For Respondent(s) : Mr.Ravindra Kumar Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND
Order 14/10/2025
1. The instant bail application under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) has been filed by the petitioner in connection with FIR No.199/2025, registered at Police Station Nagar, District Deeg wherein she has been charged for the offence punishable under Sections 189(2) & 109(1) of the Bhartaiya Nyaya Sanhita, 2023 (for short, “the BNS”) and subsequently, she has also been charged for the offences punishable under Sections 189(2), 109(1) & 61(2)(a) of BNS and Section 3/25 of Arms Act.
2.
Learned counsel for the petitioner submits that the allegation of causing fire arm injuries has been levelled against the co-accused persons, however, there is no allegation of causing injury or using any fire arm against the petitioner and the only allegation levelled against the petitioner is that she provided the
(2 of 3) [CRLMB-12130/2025] cartridge to the co-accused persons and since she does not have any criminal antecedents and she is a lady, hence, she is entitled to get benefit of proviso contained under section 480 BNSS. Counsel submits that considering the period of custody spent by the petitioner and looking to the fact that the trial will take its own time to conclude, the petitioner prays that indulgence of bail be granted to the petitioner.
3. Per contra, learned Public Prosecutor as well as counsel appearing on behalf of the complainant opposed the arguments raised by counsel for the petitioner and submits that the husband of the petitioner is a history-sheeter, against whom several criminal cases are pending, hence, the petitioner is not entitled to get any indulgence of bail.
4. Heard and considered the submissions made at the Bar and perused the material available on record.
5. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that no specific overt-act has been assigned to the petitioner in the commission of the alleged offence and there is no allegation against her for using fire arm or causing any injury on the person of the deceased and looking to the fact that she is a lady, hence, considering the proviso contained under Section 480 BNSS and the trial will take its own time to conclude, without expressing any opinion on merits and demerits of the case, this Court deems it just and appropriate to grant indulgence of bail to the petitioner under Section 483 BNSS.
(3 of 3) [CRLMB-12130/2025]
6. Accordingly, this bail application under Section 483 BNSS is allowed and it is ordered that accused-petitioner Amir W/o Kunwar arrested in connection with aforementioned FIR, may be released on bail; provided she furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANOOP KUMAR DHAND),J Aayush Sharma /119