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2025 DAILYLAW 45188 (RAJ)

SHARDA W/O SHISHPAL v. STATE OF RAJASTHAN

CRLMB/12093/2025 · 2025-10-30

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:43475] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12093/2025 1. Sharda W/o Shishpal, Aged About 49 Years, R/o Bhuma Chota, Police Station Laxmangarh, District Sikar. (At Present Accused Is Confined In District Jail Sikar). 2. Sunita D/o Shishpal, Aged About 27 Years, R/o Bhuma Chota, Police Station Laxmangarh, District Sikar. (At Present Accused Is Confined In District Jail Sikar). 3. Manoj D/o Shishpal, Aged About 25 Years, R/o Bhuma Chota, Police Station Laxmangarh, District Sikar. (At Present Accused Is Confined In District Jail Sikar). ----Applicants Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Amit Singh Shekhawat, Adv. For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP Mr. Jaswant Singh Rathore, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Order 30/10/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No.262/2024 registered at Police Station Laxmangarh District Sikar for the offence(s) under Sections 189(2), 191(2), 191(3), 103(1) of the BNS. 2. Learned counsel for the applicants submits that the applicants are females, aged 49, 27, and 25 years and have no criminal antecedents registered against them. It is submitted that the alleged incident occurred on 14.10.2024 and the entire family [2025:RJ-JP:43475] (2 of 3) [CRLMB-12093/2025] has been implicated in the matter. It is also submitted that at a whilom instance also an FIR was lodged on 10.10.2024, wherein the deceased was alleged to have been beaten the brother-Arvind with a stick, causing injury. It is also submitted that with respect to applicant No. 3, there is a history of teasing, shamming and bullying by the deceased. It is further submitted that the cause of death is attributed cumulatively to injuries sustained from being hit by a vehicle, a stick and other objects. It is further submitted that the applicants were not driving the vehicle and no specific injury is attributed to them. It is submitted that the applicants have been in custody ever since 22.06.2025, applicant No.1 is a homemaker and applicants No. 2 and No. 3 are students with promising future careers. 3. Per contra, learned Public Prosecutor and the counsel for the complainant have opposed the bail application. It is submitted by counsel for the complainant that the eyewitnesses have alleged the involvement of the applicants in the crime. It is submitted that the evidence supports the prosecution's case and establishes the role of the applicants in causing the injuries. It is further submitted that there was a motive for the crime and the medical report indicates that the death resulted from the injuries sustained. 4. Heard and considered. 5. Considering the arguments advanced by the counsel for the parties; the fact that the applicants are females; that an erstwhile FIR was also lodged on 10.10.2024; that the entire family has been implicated; that the applicants' role does not involve driving the vehicle (which was the role of one of the brothers) while [2025:RJ-JP:43475] (3 of 3) [CRLMB-12093/2025] causing the injury, during which the deceased fell and sustained blood-stained injuries; that the charge-sheet has been filed; considering the custody period and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicants and enlarge them on bail. 6. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicants- Sharda W/o Shishpal, Sunita D/o Shishpal and Manoj D/o Shishpal shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- (individually) with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J CHANDAN /51