Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8877] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1626/2025 Muskan @ Chaman Kinnar, Guru Preeti Kinnar, R/o Plot No. 78, Swarnbhumi Colony, Kund Road, Jaisinghpura Khor, Police Station Jaisinghpura Khor, District Jaipur, Rajasthan. (Accused Petitioner Presently Confined In Central Jail, Jaipur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi, Adv., with Ms. Renu Kanwar Chauhan, Adv. For Respondent(s) : Ms. Arti Sharma, PP and Mr. Ram Prasad Sharma, Adv., on behalf of Mr. Prahlad Sharma, Adv., for complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/02/2025
1. This instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who have been arrested in connection with FIR No.257/2024 registered at Police Station Tunga, District Jaipur City (East) (Raj.) for the offences punishable under Sections 115(2), 126(2), 3(5) & 303(2) of BNS. Investigation is being conducted in this matter for the offences punishable under Sections 110, 117(2), 61(2), 91(2) & 191(2)(3) of BNS.
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 as per the statement of victim
[2025:RJ-JP:8877] (2 of 3) [CRLMB-1626/2025] recorded under Section 180 BNSS (Section 161 Cr.P.C.), she could not see/identify the assailants as they had muffled their faces. He submits that arrest of the petitioner has been made solely on the basis of interrogation of the co-accused person. It is submitted that grievous injuries, sustained to the injured, have been found on the non-vital part of the body. Petitioner is in custody since
18.01.2025. There are no criminal antecedents against the petitioner & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by
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 as also the fact that injuries sustained to the injured were found on the non-vital part of the body; the petitioner is in custody since 18.01.2025 and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner – Muskan @ Chaman Kinnar, Guru Preeti Kinnar 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
[2025:RJ-JP:8877] (3 of 3) [CRLMB-1626/2025] the learned trial Court with the stipulation that she shall appear before that Court and any Court to which the matter 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 MADAN/27