Maina Devi W/O Pawan Jain Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Maina Devi W/O Pawan Jain Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner Maina Devi to be released on bail in the present case upon furnishing a personal bond of Rs. 1,00,000/- and two additional and reliable sureties of Rs. 50,000/- each to the satisfaction of the learned trial court, appearing before that court on fixed dates and whenever summoned, and subject to her not being required in any other case.

Issue for consideration

Whether regular bail should be granted to the petitioner/accused, Maina Devi, under Section 483 of the Bharatiya Nagrik Suraksha Sanhita in connection with FIR No. 338/2022, relating to offences under Sections 420 and 406 of the Bharatiya Dand Sanhita (as printed).

Court's answer

The petitioner is a woman and the offences alleged against her - under Sections 406, 420 and 120-B of the criminal code printed in the order as 'Bharatiya Dand Sanhita' - are triable by the Magistrate court.

Ratio / Principle

Charge-sheet against the petitioner has already been filed; she has been in judicial custody since 15-04-2025; conclusion of the trial will take time.

Key takeaways

Considering the submissions advanced, the facts and circumstances of the case and the period of custody of the petitioner/accused, and without commenting on the merits or demerits of the case, extending the benefit of bail to the petitioner appeared appropriate.ratio¶21
The bail application was accepted with directions that the petitioner furnish, to the satisfaction of the learned trial court, a personal bond of one lakh rupees and two additional and reliable sureties of fifty thousand rupees each, and appear before that court on the fixed dates and whenever summoned.ratio¶22

Detailed headnote1 paragraphs

BAIL - REGULAR BAIL UNDER S. 483 BNSS - WOMAN UNDERTRIAL - OFFENCES OF CHEATING / CRIMINAL BREACH OF TRUST (Ss. 420, 406 AND, PER THE ORDER'S ASSESSMENT, 120-B OF THE CODE PRINTED AS 'BHARATIYA DAND SANHITA') - FIR NO. 338/2022, KOTA CITY. Applicant Maina Devi, wife of Pawan Jain (confined at Central Jail Kota; judicial custody since 15-04-2025), moved the present application through counsel for her regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita in respect of FIR No. 338/2022 of a Kota City police station, registered for offences under Sections 420 and 406 (and, in the court's assessment, 120-B) of the criminal code referred to in the order as the 'Bharatiya Dand Sanhita'. The learned Public Prosecutor opposed the grant on account of the gravity of the offence. From the case file the court noted the allegation that, along with her husband as co-accused, the applicant obtained GST registration by deceptive means and cheated the complainant party, and that she had also given signed cheques towards refund of money to the complainant. Observing that the offences alleged are triable by the Magistrate court, that the charge-sheet had already been filed, and that the trial would take time, and weighing the facts, circumstances, submissions and the period of custody, the court, without commenting on the merits, held it appropriate to grant bail. ORDER (27/10/2025): bail application ACCEPTED; release directed subject to furnishing a personal bond of Rs. 1,00,000/- and two additional and reliable sureties of Rs. 50,000/- each to the satisfaction of the learned trial court, appearance before that court on fixed dates and whenever summoned, and provided the applicant is not required in any other case. Single-member bench: Hon'ble Mr. Justice Chandra Prakash Shrimali. Neutral citation: [2025:RJ-JP:42989]. Source is Hindi in legacy (non-Unicode) encoding; the police-station name in the FIR line could not be reliably transliterated and is therefore not reproduced.