Smt. Saroj W/O Naresh Vs State of Rajasthan

[2025:RJ-JP:5244]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 1378/2025

Smt. Saroj W/o Naresh, Aged About 31 Years, R/o Khudiyana, Bahtukalan, District Alwar (Rajasthan) (At Present Confined In District Jail Alwar).

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Girish Khandelwal, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP, Mr. Amit Kumar Gupta, PP and Mr. Suresh Kumar, Adv., for complainant.

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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06/02/2025

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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.122/2024 registered at Police Station Bahtukalan (Devi Dholagarh), District Alwar for the offences punishable under Sections 302, 323, 341, 147, 148, 149 of IPC. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 302, 323, 341, 325, 307, 34 of IPC.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that it appears from the FIR and material available pn record that alleged incident took place in the spur of moment. Fatal injury has been attributed to the co-accused

[2025:RJ-JP:5244]

[CRLMB-1378/2025]

(2 of 3)

Naresh, who is husband of the petitioner. There is no specific allegation against the petitioner and omnibus allegation has been levelled against her. He argues that charge-sheet has already been filed, there are no criminal against the petitioner and trial of the case will take considerable time. He contends that the petitioner, who is lady, is in custody since 01.06.2024 and further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioner. They submit that the petitioner has also actively participated in commission of crime and she is duly named in the FIR. They further submit that ten injuries have been found on the person of the deceased and two injuries have been found on the person of other injured – Ramwati out of which one injury is grievous and four simple injuries have been sustained to other injured – Suman. They argue that lathi has already been recovered at the instance of the petitioner.

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I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that the petitioner is a female and allegation of causing life fatal injuries is against coaccused; also looking to the material available on record in the form of charge-sheet; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

(3 of 3)

[2025:RJ-JP:5244]

[CRLMB-1378/2025]

This bail application is accordingly allowed and it is directed that accused-petitioner – Smt. Saroj W/o Naresh shall be released on bail provided, she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five 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.

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The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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MADAN/280

Smt. Saroj W/O Naresh v. State of Rajasthan

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Smt. Saroj W/O Naresh v. State of Rajasthan

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