[2025:RJ-JP:34815] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8427/2025 Aachki Devi W/o Pankaj Kumar, Aged About 25 Years, R/o Ward No. 53 Jhunjhunu, Police Station Kotwali Jhunjhunu, District Jhunjhunu (Raj.) (At Present Accused Petitioner Confined District Jail Jhunjhunu). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arun Singh Shekhawat Ms. Karishma Rathore For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the petitioner-accused Aachki Devi W/o Pankaj Kumar in FIR No.92/2025 dated 16.03.2025 registered at P.S. Kotwali District – Jhunjhunu, whereby the petitioner- accused has charged under Sections 103(1) of BNS. 2. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. He further submits that after investigation police has filed a charge-sheet against petitioner accused for murder of her daughter due to drowning but the evidence recorded so far indicate that the witnesses have turned hostile and not supported the case of prosecution. He also referred [2025:RJ-JP:34815] (2 of 4) [CRLMB-8427/2025] statement of PW-1 Pankaj Kumar who is complainant and submitted that he has not supported FIR registered by him. He further submits that even statement of Investigating Officer PW-10 Harjinder Singh and PW-11 Sunita were recorded and nothing was found against the petitioner accused. He further submits that the disposal of case will take time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 5. On dated 16.03.2025, Pankaj has registered a complaint at PS Kotwali Jhunjhunu for missing of his 20 days old daughter and further drowning in tank outside the home. The matter is registered under Section 194 of BNSS and investigated. During enquiry, it has come to notice that the petitioner accused has deliberately drowned her and committed murder. After arrest of petitioner accused on 17.03.2025, a charge-sheet has been filed against the petitioner accused. 6. Till date, 11 witnesses were examined. The post mortem of deceased was conducted on 16.03.2025 and the cause of death is kept reserved. The statement of husband of present petitioner accused is recorded as PW-1 and he turned hostile and not supported the case of prosecution. Similarly, PW-2 Anil Kumar brother of PW-1 Pankaj Kumar has also turned hostile and not supported the case of prosecutrix. PW-3 Rajesh Kumar, PW-4 Pholi Devi, PW-5 Asha Devi, PW-6 [2025:RJ-JP:34815] (3 of 4) [CRLMB-8427/2025] Pratap Saini have turned hostile and not supported the case of prosecution. Investigating Officer Harjinder Singh is also examined as PW-10 and in cross-examination he admitted that there is no eye-witness to the incident. 7. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 8. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Aachki Devi W/o Pankaj Kumar, is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:34815] (4 of 4) [CRLMB-8427/2025] (iv) In case of any violation of above conditions, the bail granted to the petitioner-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/115