SANTOSH DEVI W/O LATE SHRI BHANWAR LAL v. STATE OF RAJASTHAN
CRLMB/2891/2025 · 2025-02-28
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8586 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8586 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 4th Bail Application No.2891/2025 Santosh Devi W/o Late Shri Bhanwar Lal, Aged About 62 Years, R/o Meeno Ka Mohalla, Dudu, District Jaipur, (Presently Confined At Women Central Jail Jaipur) ----Petitioner Versus The State Of Rajasthan through Its Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Shree Ram Dhakar, PP JUSTICE ANOOP KUMAR DHAND
Order 28/02/2025
1. This 4th bail application under Section 483 BNSS has been filed by the petitioner in connection with the FIR No.266/2022 registered at the Police Station Dudu, District Jaipur Rural wherein she is charged for the offences punishable under Sections 498-A, 406 & 323 IPC.
2.
Learned counsel for the petitioner submits that after rejection of the third bail application by this Court on 15.05.2024, the petitioner approached the Hon’ble Apex Court by way of filing Special Leave to Appeal (Crl.) No.10467/2024. Learned counsel submits that the aforesaid Special Leave was withdrawn on 12.08.2024 with liberty to approach the Trial Court at an appropriate stage. Learned counsel submits that till date, 35 witnesses have been examined and the petitioner is in custody since 28.05.2022 and she is a heart patient and getting treatment
(2 of 3) [CRLMB-2891/2025] for the same in the jail. Learned counsel submits that the age of the petitioner is 63 years and looking to the period of long incarceration, indulgence of bail be granted to her. 3. Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner and submitted that thrice the bail application of the petitioner has been rejected on merits. Learned counsel submits that the petitioner along-with other co-accused persons tortured the deceased to commit suicide and in all five persons have lost their lives. Learned counsel submits that there is no change in the facts and circumstances of the case, which require any interference of this Court and the present bail application is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that looking to gravity of the matter wherein three sisters and their two infants have lost their lives and thrice the bail application of the petitioner was rejected on merits. The last bail application i.e. third application of the petitioner was rejected by this Court vide order dated 15.05.2024 and the aforesaid order was assailed by the petitioner before the Hon’ble Apex Court by way of filing Special Leave to Appeal (Crl.) No.10467/2024, however, the same was withdrawn on 12.08.2024 with liberty to approach the Trial Court at an appropriate stage. In pursuance of the aforesaid order, the petitioner again approached the Trial Court for releasing the petitioner on bail on grounds as argued by the counsel for the petitioner. There is no change in the facts and circumstances of the case, which warrants any indulgence by this Court to entertain
(3 of 3) [CRLMB-2891/2025] the present 4th bail application of the petitioner.
Looking to the fact that as per the calendar of charge-sheet, there are 41 prosecution witnesses, out of which 35 witnesses have already been examined. Therefore, at this stage, this Court is not inclined to grant bail to the petitioner. 6. Accordingly, this 4th bail application is dismissed. The Trial Court is directed to expedite the proceedings of the trial. (ANOOP KUMAR DHAND),J Karan/4