Modi Bai W/O Radheyshyam Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 10816/2025

Modi Bai W/o Radheyshyam, Aged About 72 Years, Resident Of Alod, Police Station Chechat, Tehsil Chechat, District Kota (Raj.) Presently Confined At Mahila Sudhar Grah, Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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	----Respondent
For Petitioner(s)	: Mr. Alok Garg with Ms. Swati Daga
For Respondent(s)	: Mr. VijaySingh Yadav,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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08/09/2025

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The present bail application under Section 483 of BNSS is filed by the applicant-accused Modi Bai W/o Radheyshyam seeking bail in respect of a criminal case registered as FIR No.85/2025 dated 02.04.2025 registered at P.S. Chechat District – Kota Rural, for the offence under Sections 103(1) of BNS. This case is filed by providing legal aid to the petitioner.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and she is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the

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applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

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Learned counsel for petitioner submitted that petitioner accused is a female and she is 72 years old, who is suffering from several disease. He submitted that on ground of suspicion, petitioner was named in FIR and further police has arrested as suspicion was raised upon her but there is no eye witness to the incident. He further submitted that petitioner is arrested on 09.04.2025 and since then she is in custody and charge-sheet has already been filed against her. He also submitted that deceased and petitioner are jethani and devrani and report is registered by son of deceased on the basis of suspicion. He further referred order dated 25.11.2020 in bail application No.13513/2020 Jugal Vs. State, order dated 23.05.2025 in bail application No.3476/2025 Rinku Vs. State and order dated 30.07.2025 in bail application No.8291/2025 Ganga Bai Vs. State passed by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur wherein female accused were granted bail.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

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Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

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On the basis of report dated 02.04.2025 lodged by complainant Dinesh about assault on 02.04.2025 and

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thereafter death of his mother, a report is registered. The complainant has suspected involvement of present petitioner accused. The matter is investigated by police and a drati and wooden stick (in two pieces) were recovered at the instance of petitioner. Charge-sheet has been filed under Section 103(1) of BNS. The petitioner is in custody since 09.04.2025 and there is no criminal antecedent against the petitioner. The age of petitioner is 72 years and she is a female. Admittedly both the deceased and petitioner are close relative and having almost similar age. The case squarely rests upon circumstantial evidence.

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The petitioner is a female and learned counsel for petitioner has referred provision of Section 480 of BNSS (corresponding Section 437 of Cr.P.C.) which provides for grant of bail in non-bailable offence. There is a specific provision to grant bail to a woman, child and infirm persons subject to satisfaction of the court. A Co-ordinate Bench of this Court in case of Ganga Bai Vs. State (supra) has considered the provision and allowed bail of Ganga Bai facing charge of Section 302/34 of IPC. Another Co-ordinate Bench of this Court after considering bail application of two females for offence under Section 103(1) of BNS has allowed bail on 23.05.2025 (supra).

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In case of Somya Chaurasia Vs. Directorate of Enforcement 2023 INSC 1073 Hon’ble Supreme Court has refused bail to a woman, who was Deputy Secretary in the Government and involved in economic offence such as those under PMLA but later in case of K. Kavita Vs. Directorate

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of Enforcement (2024) INSC 632, while considering provision of Section 45 of PMLA Act, [corresponding to provision under Section 437 of Cr.P.C.] has granted bail to K. Kavita in Delhi Excise Liqour policy case. The petitioner is female and also in old age.

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Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicantaccused.

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Thus, the instant bail application filed on behalf of applicantaccused Modi Bai W/o Radheyshyam , is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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