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2025 DAILYLAW 46823 (RAJ)

MAMTA W/O NITIN v. STATE OF RAJASTHAN

CRLMB/14397/2025 · 2025-11-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:47532] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14397/2025 Mamta W/o Nitin, Aged About 38 Years, R/o In Front Of Punjab National Bank, Jhalrapatan, Police Station Jhalrapatan, District Jhalawar, Rajasthan. (Presently Confined At District Jail, Jhalawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ajay Kumar Jain For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 24/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 294/2025 registered at Police Station Jhalawar Sadar District Jhalawar for the offence(s) under Sections 308(2), 351(2), 351(3), 3 (5) of BNS. 2. Learned counsel for the accused-applicant has submitted that applicant is a widow, aged 38 years and deceased was aged 21 years. It is submitted that applicant is having two minor children to take care of and there are no criminal antecedents registered against the applicant. It is further submitted that applicant is in custody ever since 21.10.2025. Furthermore, it is submitted that applicant and deceased were in consensual relationship and there is no point of instigation. [2025:RJ-JP:47532] (2 of 2) [CRLMB-14397/2025] 3. Per contra, learned Public Prosecutor and counsel for the complainant have vehemently opposed the instant bail application. 4. In compliance of the order dated 17.11.2025, Investigating Officer has marked presence and submitted that death occurred on 18.10.2025 and prior to death, on 16.10.2025 and 17.10.25, there were dozens of calls from the accused- applicant to the deceased. It is further submitted that it is also alleged that there has been involvement of one of home guards/ police personnel, who is sister-in-law of the accused-applicant, and that she has put pressure on the deceased, however, in this regard, appropriate warranted investigation is ongoing. 5. Having heard the arguments advanced by learned counsel for the parties and considering the fact that there have been umpteen number of calls prior to the date of incident; that there are disputed questions of fact; that the nature of allegations leveled are serious in nature 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 not inclined to allow the bail application of the accused-applicant. 6. Accordingly, the bail application under Section 483 BNSS is dismissed at this stage. (SAMEER JAIN),J Pooja/12