KALIMUNISHA ALIAS NISHA D/O SHREE AKBAR MULLA v. STATE OF RAJASTHAN
CRLMB/3233/2025 · 2025-03-17
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9747 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9747 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11842] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3233/2025
1. Kalimunisha Alias Nisha D/o Shree Akbar Mulla, Aged About 23 Years, R/o Village Balrampur Shahar District Goda Uttar Pradesh At Present R/o Gali No. 03, Chalera Som Bazar, Sector 44 Noida, Uttar Pradesh. (At Present In Central Jail, Jaipur).
2. Shahil Kumar Sharma D/o Navit Kumar Sharma, Aged About 24 Years, R/o Ward No. 09, Vijay Meel Ke Paas, Police Station Khairthal Tehsil Tijara, District Khairthal, Rajasthan. (At Present In Central Jail, Jaipur)
3. Lalit Yadav S/o Shree Dhanpat Singh, Aged About 21 Years, R/o Village Kaluka, Police Station Mundawar District Kairthal-Tijara Rajasthan (At Present In Central Jail, Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Tinu Yadav Mr. Jave Mohd. Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 17/03/2025
1. The bail application under Section 483 of BNSS has been filed, on behalf of the petitioners, who have been arrested in connection with FIR No.69/2025 registered at Police Station Vidhyadhar Nagar, District Jaipur City (Raj.) for the offences punishable under Sections 118(1), 140(3) & 309(6) of BNS. Investigation is being conducted for the offences punishable under Sections 118(1), 140(3), 309(6) & 61(2)(a) of BNS.
[2025:RJ-JP:11842] (2 of 3) [CRLMB-3233/2025]
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that alleged offences are triable by Magistrate. It is submitted that other co-accused persons have already been granted benefit of bail by the learned trial court vide order dated
25.02.2025. There are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Petitioners are in custody since 09.02.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners and submits that some amount has been transferred in the bank account of the petitioners. He further submits that case of the present petitioners is distinguishable from the case of other co-accused persons who were granted bail by the learned trial court.
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 both the parties, material made available on record; alleged offences are triable by Magistrate and other co-accused persons have been granted bail by the learned trial court; trial will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, 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-petitioners – 1) Kalimunisha Alias Nisha D/o
[2025:RJ-JP:11842] (3 of 3) [CRLMB-3233/2025] Shree Akbar Mulla, 2) Shahil Kumar Sharma D/o Navit Kumar Sharma & 3) Lalit Yadav S/o Shree Dhanpat Singh, shall be released on bail provided each of them 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 they 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 observation made herein above 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 /223