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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHOK KUMAR JAIN
Sitadevi, Wife of Sanwara – Appellant
Versus
State Of Rajasthan, Through P.P. – Respondent
| Table of Content |
|---|
| 1. bail applications filed with emphasis on the applicants' rights amid allegations. (Para 5) |
| 2. court expressed necessity for evaluating bail based on investigation status. (Para 8 , 11) |
Order :
1. These bail applications under Section 483 of BNSS is filed by the applicants-accused Smt Sitadevi Wife Of Sanwara, Smt. Urmila Devi Wife Of Dharmichand, Bhagwan @ Bhagchand S/o Jagannath, Dhanraj @ Dhanna S/o Gyarsilal, Dharmichand S/o Gyarsilal, Hemraj @ Tarachand @ Taru S/o Gyarsilal, Sonu S/o Pappu, Raju S/o Sukhlal, Bholu S/o Ratanlal, seeking bail in respect of a criminal case registered as FIR No.039/2025 dated 11.02.2025 registered at P.S. Sarwad, District - Ajmer, for the offence under Sections 190 , 191(2), 109(1) of BNS.
2. During course of argument, learned counsel offers to withdraw bail application of Dharmichand S/o Gyarsilal, and Hemraj @ Tarachand @ Taru S/o Gyarsilal.
3. Hence, the bail application filed on behalf of Dharmichand S/o Gyarsilal, and Hemraj @ Tarachand @ Taru S/o Gyarsilal are dismissed as withdrawn.
4. Thus, we are considering bail applications with respect to Smt Sitadevi Wife Of Sanwara, Smt. Urmila Devi Wife Of Dharmichand, Bhagwan @ Bhagchan
The court ruled favorably on bail applications due to completion of investigation and absence of ongoing necessity for detention, underscoring procedural fairness in criminal proceedings.
The court ruled that bail cannot be granted when witness testimonies are pending and the accused's involvement in a serious crime is established.
The court granted bail based on the absence of injuries and completed investigation, emphasizing that bail decisions do not reflect on the merits of the case.
Bail cannot be denied as a form of punishment; pre-trial detention is prohibited when investigation is complete and medical evidence suggests death was not caused by the accused's actions.
Bail can be granted when the accused is not present during the alleged crime, and no charges are filed against co-accused despite specific allegations.
The court granted bail to the applicants, emphasizing that continued custody was unnecessary due to completed investigation and similar treatment of co-accused.
The court established that pre-trial detention is prohibited, emphasizing the need for bail when the trial is unlikely to commence soon and conditions are imposed to ensure compliance.
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