Raisa Bano @ Rani W/O Hakeem Khan Vs State of Rajasthan

[2025:RJ-JP:38431]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 8558/2025

Raisa Bano @ Rani W/o Hakeem Khan, R/o Dholam, At Present Old Chhabra Rasta, Near Idgah, Town Chhipa Barod, Police Station Chhipa Barod, District Baran (Rajasthan) (At Present In Sub Jail Chhabra, District Baran).

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----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. Rajesh Kumar Sharma with Ms. Kamini Pareek
For Respondent(s)	: Mr. N.S. Dhakar, PP with
	Mr. Tapesh Agarwal,PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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19/09/2025

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This bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.308/2024 registered at Police Station Chhipabarod, District Baran for offence punishable under Section 302 of IPC. After completion of investigation, police filed chargesheet in this matter for offences punishable under Sections 302, 120B & 201 of IPC.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that entire prosecution case is based on circumstantial evidence. Counsel submits that initially, no evidence was available with the Investigating Agency to make arrest of the petitioner. It is

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submitted that later on, after three days’ of arrest i.e., on 28.06.2024, a blood stained brick has been shown to be recovered at the instance of the petitioner and co-accused persons, jointly. Learned counsel contends that initially, opinion with regard to cause of death was kept reserved however, in pursuance of letter dated 27.06.2024 sent by SHO PS Chhipabarod to concerned Medical Officer, CHC Chhipabarod, seeking clarification for cause of death of the deceased, it was opined by the members of the medical board who conducted the postmortem that cause of death was head injury. It was further opined that weapon of offence could be a stone, brick, any heavy metal or falling on a rough surface from a particular angle. Counsel submits that congestion of windpipe was also opined to be one of the cause for death. Counsel submits that in these circumstances, there is no clarity as to what is the cause of death. It is submitted that co-accused namely- Farukh Husain, Ashif Khan & Rijwan Khan have already been granted benefit of bail by this court. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is a female and she is in custody since 25.06.2024 and further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. It is submitted that arrest of the petitioner was made on the basis of concrete information received from the informer and thereafter, recoveries were affected at the instance of the petitioner and co-accused persons, jointly including blood stained brick and scarf.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the material available on record in the form of charge-sheet, as also the fact that aforementioned co-accused persons have already been granted benefit of bail by this court, so also the fact that petitioner is a female and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on merits and demerits of the case, I deem it proper to allow this bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner Raisa Bano @ Rani W/o Hakeem Khan, shall be released on bail provided she shall furnish 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 observations made hereinabove are only for decision of the 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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GAUTAM JAIN /38

Raisa Bano @ Rani W/O Hakeem Khan v. State of Rajasthan

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Raisa Bano @ Rani W/O Hakeem Khan v. State of Rajasthan

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