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2025 DAILYLAW 5317 (RAJ)

SMT. KAMLA @ ILLA W/O MUKESH @ BHAMBHO v. STATE OF RAJASTHAN

CRLMB/1457/2025 · 2025-02-03

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1457/2025 Smt. Kamla @ Illa W/o Mukesh @ Bhambho, Aged About 61 Years, R/o Harijan Basti Khanua, Police Station Gahnouli Mode, District Bharatpur, Presently Resident Of Dhandhoi, Tehsil Batala, District Gurdaspur (Punjab). (At Present Confined In Central Jail, Sewar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kapil Nagayach For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/02/2025 1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.206/2024 registered at Police Station Gahnouli Mod, District Bharatpur for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 103(1), 303(2) and 352 of BNS, 2023. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 103(1), 303(2), 352 and 3(5) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that there is no allegation against the petitioner to cause injury on the person of the deceased. He [2025:RJ-JP:4709] (2 of 3) [CRLMB-1457/2025] further submits that fatal injury on the person of the deceased has been attributed to the co-accused persons namely Satish and Surjeet. He argues that charge-sheet has already been filed and trial of the case will take considerable time. He further argues that the petitioner is a female, who is in custody since 24.10.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that fatal injury on the person of the deceased has been attributed to the co-accused persons namely Satish and Surjeet; petitioner is a female; trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 6. This second bail application is accordingly allowed and it is directed that accused-petitioner – Smt. Kamla @ Illa W/o Mukesh @ Bhambho shall be released on bail provided, she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that she shall appear before that Court and any Court to which the matter [2025:RJ-JP:4709] (3 of 3) [CRLMB-1457/2025] is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /50