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2025 DAILYLAW 46611 (RAJ)

SMT RAJBALA DEVI W/O MAHENDRA SINGH v. STATE OF RAJASTHAN

CRLMB/13766/2025 · 2025-12-02

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:48921] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13766/2025 1. Smt Rajbala Devi W/o Mahendra Singh, Aged About 45 Years, R/o Nimbaas, Police Station Bhuhana, District Jhunjhunu, Rajasthan. (At Present In Sub Jail Khetri). 2. Kavita D/o Mahendra Singh, Aged About 21 Years, R/o Nimbaas, Police Station Bhuhana, District Jhunjhunu, Rajasthan. (At Present In Sub Jail Khetri). ----Applicants Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Vijayant Nirwan For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 02/12/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No.176/2025 registered at Police Station Buhana, District Jhunjhunu for the offence(s) under Sections 189(2), 352, 115(2), 126(2), 109(1) of BNS. 2. Learned counsel for the accused-applicants submits that both applicants are females aged 45 years 21 years. It is submitted that charge sheet has been filed and they are behind bars ever since 31.08.2025. It is submitted on bare perusal of FIR, it can be noted that deceased Vikram was injured by male persons and the applicant’s arrival at the place of incidence was at a belated stage. It is also submitted that if the FIR is assumed to be true, even [2025:RJ-JP:48921] (2 of 2) [CRLMB-13766/2025] then, the applicants are alleged of using no weapon, but speaking abuses and physical assault to other persons. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is submitted that it is a heinous crime and the presence of applicants is reflected in the FIR. 4. Considering the arguments advanced by the counsel for the parties, considering that the applicants are females and there are no antecedents against them; that the version stated in the FIR itself suggests their entry at the point when Vikram was injured by the co-accused, who were specifically alleged 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-applicant and enlarge them on bail, noting specifically that their role is on a different pedestal than the other co-accused. 5. Accordingly, the bail application under Section 483 of BNSS is allowed and it is ordered that accused-applicants- Smt. Rajbala Devi W/o Mahendra Singh and Kavita D/o Mahendra Singh shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- 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. 6. A copy of present order be placed in the connected application. (SAMEER JAIN),J CHANDAN /93