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2026 DAILYLAW 1749 (RAJ)

JAMUNA SARKAR D/O SHRI MOTILAL SARKAR v. STATE OF RAJASTHAN

CRLMB/1861/2026 · 2026-03-10

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:10160] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1861/2026 Jamuna Sarkar D/o Shri Motilal Sarkar, Aged About 37 Years, R/o Tenant Of Trikut Bhawan Adarsh Vihar, Supuran Solan, District Solan, Himachal Pradesh. (Currently In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh, Adv. with Mr. Shivam Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/03/2026 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.284/2024 registered at Police Station Brahmpuri, District Jaipur City (North) (Raj.) for the offences punishable under Sections 126(2), 115(2), 189(2) & 140(3) of BNS. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 191(2), 190, 190(1), 123, 140(2), 311, 61(2)(a) & 310(2) of the BNS, 2023. 2. On an earlier occasion, a criminal appeal filed by the petitioner was dismissed as withdrawn vide order dated 11.02.2025 with liberty to renew the prayer for bail after recording the testimony of victims namely Soni Singh and Anuj [2026:RJ-JP:10160] (2 of 3) [CRLMB-1861/2026] Meena. Now both these witnesses have been examined during the course of trial, thus this bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel for the petitioner submits that petitioner is female and she is in custody since 26.08.2024. Counsel submits that petitioner has been made accused in this case solely on the basis of the fact that she is wife of co-accused Virender Singh. He submits that victim - Soni Singh has clearly admitted the fact that petitioner was not present at the place of incident as he did not see any female person there. There are no criminal antecedents of the petitioner. Trial of the case will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that co-accused person namely Jitendra Mandari has already been declined bail by this Court after considering the testimony of victims, thus no case is made out for grant of bail to the accused-petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially considering the material available on record in the form of charge-sheet including testimony of victims and the fact that petitioner is female and trial will take time considerable time in its conclusion; absence of criminal antecedents as well as looking to the custody period, but without commenting anything [2026:RJ-JP:10160] (3 of 3) [CRLMB-1861/2026] on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Jamuna Sarkar D/o Shri Motilal Sarkar, shall be released on bail provided she furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty 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 is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. 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 /4