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2026 DAILYLAW 8924 (RAJ)

SAROJ DEVI W/O SHRI RAMAVTAR v. STATE OF RAJASTHAN

CRLMB/1816/2026 · 2026-06-29

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:23639] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. IInd Bail Application No. 1816/2026 1. Saroj Devi W/o Shri Ramavtar, Aged About 55 Years, R/o Dhingadiya Police Station Surajgarh, District Jhunjhunu. (At Present Confined In District Jail Jhunjhunu). 2. Silochana Devi W/o Shri Pawan Kumar, Aged About 40 Years, R/o Dhingadiya Police Station Surajgarh, District Jhunjhunu. (At Present Confined In District Jail Jhunjhunu). ----Accused-Applicants Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Tripurari Sharma For Respondent(s) : Mrs. Manju Dave, Addl.G.A Mr. Kamlendra Singh with Mr. Kamlendra Sihag HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/06/2026 1. The first bail application filed under Section 483 BNSS on behalf of the accused-applicants was dismissed as withdrawn by this Court vide order dated 24.04.2025 passed in S.B. Criminal Miscellaneous Bail Application No.1797/2025. 2. This second bail application has been filed on behalf of the accused-applicants under Section 483 of B.N.S.S., 2023 in connection with FIR No.194/2024 registered at Police Station Surajgarh, District Jhunjhunu for the offences punishable under Sections 190,191(2), 191(3), 329(3), 103(1), 115(2) and 127(2) of BNS., 2023. [2026:RJ-JP:23639] (2 of 5) [CRLMB-1816/2026] 3. Learned counsel for the accused-applicants submits that in the impugned FIR, no specific allegation of causing any injury to any deceased person has been levelled against the present accused-applicants. Learned counsel for the accused-applicants further submits that as per the statement recorded during trial, the accused-applicant No.1 Saroj Devi has been said to be armed with jeli (an agricultural equipment having two sharp edges attached with a lathi) and accused-applicant No.2 Silochana Devi has been said to be armed with lathi (wooden stick). Learned counsel further submits that no injury of blunt weapon has been found to be caused to any of the deceased persons. Learned counsel also submits that eye-witnesses PW1, PW2 and PW3 have turned hostile during trial and have not supported the prosecution version. The injured eye-witnesses PW4-Nisha, PW5-Priyanka and PW6-Vikas have been examined and there is stark contradiction from the police statement. Learned counsel further submits that in the trial of the two juveniles, which is pending before the Juvenile Justice Board, Jhunjunu, the injured witness Priyanka has not named accused- applicant No.2 Silochana Devi to be involved in the incident. Therefore, this is a clear case of over-implication. Learned counsel further submits that the incident has not occurred on the agricultural land of the deceased persons. Learned counsel further submits that the injury on the thigh of the deceased-Sonu has been found to be a stab wound whereas if the injury were caused by Jeli then it would have been a puncture wound. He further submits that as per the investigation and statement of the witnesses during trial, incident has occurred in the agricultural [2026:RJ-JP:23639] (3 of 5) [CRLMB-1816/2026] land of one Govind, therefore, the accused persons cannot be said to be the agressor in this case. 4. Learned counsel for the accused-applicants contends that the accused-applicants were arrested on 06.07.2024 and since then, they are behind the bars and that trial is likely to take long time to conclude. Therefore, it is prayed that the accused-applicants be granted benefit of bail. 5. Learned counsel appearing on behalf of the State and the learned counsel for the complainant vehemently oppose this bail application and submit that in this case, the allegation is against 11 persons of causing grievous injury by sharp and blunt weapons on the body of the deceased persons Babulal, Sarita and Sonu and other injured persons namely Nisha, Priyanka and Vikas. In this case, aforesaid three persons have been killed who are husband, wife and their son. All the accused persons armed with deadly weapons came together and started beating the complainant and his family and thereby, by causing sharp edged grievous injuries, killed three persons. Hence, the accused- applicants cannot be said to be innocent. The specific allegation of causing injury by Jeli in the thigh of deceased Sonu is against accused Saroj and of causing injury by wooden stick is against accused Silochana. Minor contradictions cannot be taken into account at this stage, the allegations are of serious nature, therefore, the bail application of accused-applicants be dismissed. 6. Heard learned counsel for the parties and also perused the material available on record. [2026:RJ-JP:23639] (4 of 5) [CRLMB-1816/2026] 7. As per the prosecution story, the accused-applicant Saroj has been said to be armed with jeli (an agricultural equipment having two sharp edges attached with a lathi) and the allegation qua the accused-applicant Saroj is of causing stab wound in the thigh of the deceased person Sonu. Blood stained jeli has been recovered from the possession of the accused-applicant Saroj, and the same has been sent for FSL examination, therefore, this Court does not deems it fit to grant bail to accused-applicant Saroj. Hence, bail application of Saroj is dismissed. The accused- applicant Saroj will be at liberty to move fresh application after recording of the statement of doctors who undertook the autopsy of the deceased persons and also after submitting the FSL report of the jeli, which has been recovered from the possession of the accused-applicant. Learned Public Prosecutor is directed to procure the FSL report on priority basis. 8. Considering the overall facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow this second bail application filed on behalf of the accused-applicant Silochana. 9. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed qua the accused-applicant No.2 Silochana Devi. It is ordered that accused-applicant Silochana Devi W/o Shri Pawan Kumar arrested in connection with FIR No.194/2024, registered at Police Station Surajgarh, District Jhunjhunu shall be released on bail; provided she furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the [2026:RJ-JP:23639] (5 of 5) [CRLMB-1816/2026] learned trial Court. Applicant 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 2/TANISHA