Sona Bai W/O Tarachand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Sona Bai W/O Tarachand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of all four accused-petitioners (Sona Bai W/o Tarachand; Mohini Bai W/o Chhitar Lal; Tona Bai W/o Khushraj; Smt. Gora Bai @ Shankari W/o Brahmalal) in connection with FIR No. 561/2024 registered at Police Station Hindauli, District Bundi, subject to each furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, for appearance before the court concerned on all dates of hearing and as and when called upon.

Issue for consideration

Whether the second bail application under Section 483 of BNSS filed on behalf of the four accused-petitioners, arrested in connection with FIR No. 561/2024 (Police Station Hindauli, District Bundi) for offences under Sections 189(2), 115(2) and 127(2) of BNS and Sections 4, 5 and 6 of the Rajasthan Prevention Of Witch Hunting Act, should be allowed.

Court's answer

Without expressing anything on the merits of the case, and considering that the accused-petitioners have been behind bars since long and that the trial of the case may take considerable time, the court deemed it just and proper to enlarge the accused-petitioners on bail.

Ratio / Principle

Each of the four accused-petitioners shall be enlarged on bail in connection with FIR No. 561/2024 (Police Station Hindauli, District Bundi), provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, for their appearance before the court concerned on all dates of hearing and as and when called upon.

Detailed headnote1 paragraphs

Bail granted - High Court of Judicature for Rajasthan, Bench at Jaipur (Hon'ble Mr. Justice Praveer Bhatnagar), S.B. Criminal Miscellaneous IInd Bail Application No. 8559/2025 [CRLMB-8559/2025], decided 08/07/2025. Four accused women - Sona Bai W/o Tarachand, Mohini Bai W/o Chhitar Lal, Tona Bai W/o Khushraj and Smt. Gora Bai @ Shankari W/o Brahmalal, residents of Village Khashali (Gudagokulpura), Police Station Hindauli, District Bundi - filed a second bail application under Section 483 of BNSS. Their first bail application had been dismissed as withdrawn vide order dated 05.03.2025 with liberty to file afresh after recording of the statement of the victim and other eye-witnesses. They are in custody in connection with FIR No. 561/2024, Police Station Hindauli, District Bundi, for offences under Sections 189(2), 115(2) and 127(2) of BNS and Sections 4, 5 and 6 of the Rajasthan Prevention Of Witch Hunting Act. Counsel argued that the trial court had since recorded the statements of PW-1 Nandu Bai, PW 2 Radha Bai and PW-5 Narsimha, that these witnesses were unreliable - stating in cross-examination that the names of the accused-petitioners were disclosed to them by police officials and that the petitioners were not known to them - and that no test identification parade was conducted; the petitioners had been behind bars since long and the trial might take considerable time. The Public Prosecutor opposed bail, contending that the offences fall under the Rajasthan Prevention Of Witch Hunting Act and that the gravity of the offence warranted dismissal. Without expressing anything on the merits of the case, and considering the prolonged incarceration and likely considerable duration of the trial, the court deemed it just and proper to enlarge all four accused-petitioners on bail, each to furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, for appearance before the court concerned on all dates of hearing and as and when called upon.

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous IInd Bail Application No. 8559/2025

Sona Bai W/o Tarachand,

Mohini Bai W/o Chhitar Lal,

Tona Bai W/o Khushraj,

Smt. Gora Bai @ Shankari W/o Brahmalal, all R/o Village Khashali (Gudagokulpura), Police Station Hindauli, District Bundi (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Ashish Gausinga
	Mr. Aman Singh Meena
	Mr. Rohit Kumar Meena
	Mr. Ikhlash Mohammad
For Respondent(s)	: Mr. Manvendra Singh, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

08/07/2025

The instant second bail application has been filed under Section 483 of BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 561/2024 registered at Police Station Hindauli, District Bundi for the offence(s) under Sections 189(2), 115(2) and 127(2) of BNS and Sections 4, 5 and 6 of the Rajasthan Prevention Of Witch Hunting Act.

Learned counsel for the petitioners submits that the first bail application of the petitioners was dismissed as withdrawn vide order dated 05.03.2025 with the liberty to file afresh after

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[CRLMB-8559/2025]

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recording of the statement of victim and other eye-witnesses. It is further argued that learned trial court has recorded the statements of PW-1 Nandu Bai, PW 2 Radha Bai and PW-5 Narsimha. Learned counsel submits that the statements of the witnesses are not reliable as in their cross-examination they have stated that the names of accused petitioners were disclosed by police officials to them. It is also contended that the petitioners were not known to the victim and other eye-witnesses, in their cross-examination also they have stated that the petitioners were not known to them, police also did not conduct any test identification parade.

The accused-petitioners are behind the bars since long and the trial of the case may take considerable time, therefore considering the above facts, the second bail application of the accused-petitioners may be allowed.

Learned Public Prosecutor opposed the bail application and contended that the alleged offences against the petitioners are under the Rajasthan Prevention Of Witch Hunting Act, therefore considering the gravity of the offence, bail application of the accused-petitioners deserves dismissal.

Heard and perused the material available on the record. 5. Considering the arguments advanced by the counsel for the petitioners, it is not desirable to express anything on the merits of the case, the accused-petitioners are behind the bars since long and the trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioners on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners 1. Sona Bai

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[CRLMB-8559/2025]

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W/o Tarachand, 2. Mohini Bai W/o Chhitar Lal, 3. Tona Bai W/o Khushraj, and 4. Smt. Gora Bai @ Shankari W/o Brahmalal, in connection with FIR No. 561/2024 registered at Police Station Hindauli, District Bundi shall be enlarged on bail provided each of them furnish personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

(PRAVEER BHATNAGAR),J

ashu /1