Bali Devi W/O Premchand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

Bali Devi W/O Premchand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Release of petitioners Bali Devi, Gopal and Nandlal on bail on furnishing a personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court, with stipulation to appear before that Court on all subsequent dates of hearing till conclusion of the trial; no opinion expressed on merits/demerits of the case.

Issue for consideration

Whether the petitioners (Bali Devi, Gopal and Nandlal), in custody in connection with FIR No.138/2023 of Police Station Todaraisingh, District Tonk, for offences under Sections 147, 148, 149, 323, 336, 332, 353, 307 of IPC and Section 3 of PDPP Act, 1984, are entitled to be released on bail under Section 483 of BNSS.

Ratio / Principle

On consideration of the rival submissions and material available on record, and in the light of the submissions made by learned counsel for the petitioners (including parity with co-accused already enlarged on bail, custody since 25.02.2025, the petitioner Bali Devi being a lady aged about 45 years, likelihood that trial will take considerable time, and no further custodial interrogation being required), the Court was inclined to grant the benefit of bail, expressly without expressing any opinion on merits/demerits of the case.

Key takeaways

The bail applications under Section 483 B.N.S.S. are allowed; petitioners Bali Devi W/o Premchand, Gopal S/o Ramlaxman and Nandlal S/o Jairam are directed to be released on bail provided each furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court, with the stipulation that each shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.ratio¶32

Detailed headnote1 paragraphs

Bail granted — Section 483 BNSS — Common order in S.B. Criminal Miscellaneous Bail Applications Nos. 2593/2026 & 2883/2026 arising out of FIR No.138/2023, P.S. Todaraisingh, District Tonk, for offences under Sections 147, 148, 149, 323, 336, 332, 353, 307 IPC and Section 3 of PDPP Act, 1984 (allegations, as submitted, of causing injuries to the excise team and obstructing public duty) — Petitioners in custody since 25.02.2025 — Parity with co-accused Premchand, Dhanraj, Manraj, Atmaram and Rajaram, enlarged on bail by trial Court vide order dated 18.03.2025 — No specific act attributed to petitioners; petitioner Bali Devi a lady aged about 45 years; trial to take considerable time; no further custodial interrogation required — Bail allowed without expressing any opinion on merits/demerits; each petitioner to furnish personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each and appear on all dates till conclusion of trial. (Pramil Kumar Mathur, J.; order dated 05/03/2026; [2026:RJ-JP:9445])

[2026:RJ-JP:9445]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 2593/2026

Bali Devi W/o Premchand, Aged About 45 Years, R/o Sanodiya, Police Station Todaraisingh, District Tonk (Rajasthan) (At Present Confined In District Jail Tonk, District Tonk).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 2883/2026

Gopal S/o Ramlaxman, Aged About 42 Years, R/o Sanodiya, Police Station Todaraisingh, District Tonk (Raj.) (At Present In Sub Jail, Malpura, Tonk)

Nandlal S/o Jairam, Aged About 38 Years, R/o Sanodiya, Police Station Todaraisingh, District Tonk (Raj.) (At Present In Sub Jail, Malpura, Tonk).

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Arvind Kulhar Mr. Omprakash Meena Mr. B.R. Choudhary Mr. Chandra Prakash Meena For Respondent(s) : Mr. Jaiprakash Tiwari, PP

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

05/03/2026

The petitioners have filed these bail applications under Section 483 of BNSS in FIR No.138/2023 registered at Police Station Todaraisingh, District Tonk for offences under Sections

[2026:RJ-JP:9445]

[CRLMB-2593/2026]

(2 of 3)

147, 148, 149, 323, 336, 332, 353, 307 of IPC and Section 3 of PDPP Act, 1984.

Since both these bail applications arise out of common FIR, hence, they are being decided by this common order. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in these cases. The allegations levelled against the petitioners are of causing injuries to the excise team and stopping them from performing their public duty. Learned counsel for the petitioners submits that no specific act has been attributed to the present petitioners. They again contend that co-accused Premchand, Dhanraj, Manraj, Atmaram and Rajaram have been enlarged on bail by trial Court vide order dated 18.03.2025. Learned counsel appearing for the petitioner Bali Devi submits that she is a lady aged about 45 years. They again submit that petitioners are behind the bars since 25.02.2025. The trial of the case will take considerable time and no further custodial interrogation is required hence, on the ground of parity with co-accused, the bail applications of the petitioners may be allowed.

Learned Public Prosecutor has vehemently opposed the bail application.

On consideration of the rival submissions and material available on record and in the light of submissions made by learned counsel for the petitioners but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners.

[2026:RJ-JP:9445]

[CRLMB-2593/2026]

(3 of 3)

Consequently, the bail applications under Section 483 B.N.S.S. are allowed and it is directed that the petitioners Bali Devi W/o Premchand, Gopal S/o Ramlaxman and Nandlal S/o Jairam, be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that each of them shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.

(PRAMIL KUMAR MATHUR),J

Chandan/55and57