SMT. POOJA ALIAS KANCHAN D/O SHRI KALYANSINGH v. STATE OF RAJASTHAN
CRLMB/15876/2025 · 2026-01-07
Ashutosh Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20186 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20186 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:257] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. II Bail Application No. 14915/2025 Rani Kumari D/o Ashok Sav, Aged About 24 Years, R/o Meena Bazar Karapar Gulzarbag Patna Police Station Aalamganj Behari. (At Present Confined In Central Jail, Ajmer). ----Accused/Applicant Versus The State of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Misc. II Bail Application No. 15876/2025 Smt. Pooja @ Kanchan D/o Shri Kalyansingh, R/o Amalganj, Patna, Bihar. (Presently Confined At Central Jail Ajmer (Rajasthan) ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Aayush Agarwal, Adv. Mr. Mohit Goyal, Adv. on behalf of Mr. Vishal Gurjar, Adv. For Respondent : Mr. Devi Singh, Dy.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 07/01/2026
1. The first bail application filed on behalf of accused-applicant- Smt. Pooja was dismissed on merits and the bail application to the extent of accused-applicant-Rani Kumari was dismissed as withdrawn vide common order dated 03.07.2025 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.14410/2024.
[2026:RJ-JP:257] (2 of 4) [CRLMB-14915/2025]
2. As the present bail applications have been filed against the
order of dismissal of bail applications of the present accused-applicants pertaining to the same FIR, they are being heard and decided by the instant common order.
3. The present second bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.164/2024 registered at Police Station Pisangan, District Ajmer for the offence punishable under Section 143(4) of B.N.S., 2023.
4.
Learned counsel for the accused-applicants submits that initially, the FIR was lodged against the accused-applicants under Section 143(4) of B.N.S., 2023 for the offence of abducting the prosecutrix for the purpose of human trafficking wherein, age of the prosecutrix was mentioned as below 18 years, however, in pursuant to the investigation, the prosecutrix was found to be major, married as well as mother of two children. Learned counsel further submits that the charges levelled against the accused– applicants pertain to an offence punishable under Section 143 (2) of the B.N.S., 2023, which prescribes a maximum sentence of 10 years’ imprisonment.
5.
Learned counsel for the accused-applicants contends that the statements of prosecutrix have been recorded before learned trial Court as PW-14 and in her cross-examination, the prosecutrix has admitted the fact that she is a major, married lady and mother of two children. She has also admitted the fact that a monetary dispute existed between her and the present accused-applicants, on account of which she lodged a false FIR against them. Learned
[2026:RJ-JP:257] (3 of 4) [CRLMB-14915/2025] counsel contends that the accused-applicants were arrested on 18.10.2024 and since then, they are behind the bars. Learned counsel argues that in this matter, charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicants be enlarged on bail.
6. On the other hand, learned Deputy Government Advocate vehemently opposes these bail applications.
7. Heard learned counsel for the parties and also perused the material available on record.
8. Having regard to the overall facts and circumstances of the case and considering the fact that in pursuance of the investigation, the prosecutrix has been found to be major, married as well as mother of two children; that the prosecutrix in her cross-examination has admitted the fact of lodging a false FIR pertaining to monetary dispute with the accused-applicants. Also, considering the period of incarceration of the accused-applicants and the fact that the charge-sheet has already been filed; that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the present second bail applications filed on behalf of the accused-applicants.
9. Consequently, the present second bail applications filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused-applicants namely (1) Rani Kumari D/o Ashok Sav & (2) Smt. Pooja @ Kanchan D/o Shri Kalyansingh, arrested in connection with FIR No.164/2024 registered at Police Station Pisangan, District Ajmer,
[2026:RJ-JP:257] (4 of 4) [CRLMB-14915/2025] shall be released on bail; provided both of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.
10. The accused-applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J AARZOO ARORA /104-105-S.