SITA DEVI W/O LATE RAMSWAROOP SHARMA vs STATE OF RAJASTHAN

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2026 Supreme(Online)(Raj) 15242

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Praveer Bhatnagar, J
SITA DEVI W/O LATE RAMSWAROOP SHARMA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5658/2026

Important Points

Grant of anticipatory bail based on the principle of parity when a similarly situated co-accused has been granted bail following a compromise and settlement with the complainant.

Subject

Criminal Law - Bail

Act Referred

Indian Penal Code: S.420, S.406, S.467, S.468, S.471, S.472, S.120-B
Bharatiya Nagarik Suraksha Sanhita: S.482

Headnote

The petitioner sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR No. 531/2018 registered for offences under Sections 420, 406, 467, 468, 471, 472, and 120-B of the Indian Penal Code. The petitioner contended false implication and highlighted that a co-accused had been granted bail following a compromise and payment of Rs. 22,00,000/- to the complainant. The court noted the petitioner's status as a woman and her willingness to cooperate with the investigation. The primary issue was whether the petitioner was entitled to anticipatory bail based on the principle of parity. The court reasoned that since the regular bail of a similarly placed co-accused was allowed after recording the consent of the complainant and the fact that the compromise amount had been encashed, it was just and proper to grant similar relief to the petitioner. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed.

Advocates:
For the Appellants/Petitioners: Amitabh Vijaywargia
For the Respondents: Shree Ram Dhakar

Table of Content
1. application for anticipatory bail based on false implication and parity with a co-accused who reached a compromise. (Para 1 , 2 , 3)
2. grant of bail based on the principle of parity and the existence of a settlement between the parties. (Para 4 , 5)
3. order allowing anticipatory bail subject to specific conditions regarding interrogation and travel. (Para 6)

Order

1. Apprehending her arrest in connection with FIR No. 531/2018 registered at Police Station Kho Nagoriyan, District Jaipur City (East) for the offence(s) under Sections 420, 406, 467, 468, 471, 472 and 120-B of IPC, the accused-petitioner has preferred this anticipatory bail application under Section 482 BNSS.

2. Learned counsel for the accused-petitioner submits that accused-petitioner has falsely been implicated in this case. He further submits that earlier the bail application of co-accused Kamlesh was allowed vide order dated 08.04.2026 by this Court recording the fact that the complainant and the petitioner have entered into compromise and demand draft of Rs. 22,00,000/- was given in favour of the Banwari lal. It is also contended that the petitioner is still ready and willing to cooperate with the investigation. The accused-petitioner is a lady, therefore, anticipatory bail application of the accused-petitioner may be allowed.

Learned counsel for the petitioner has submitted the compromise entered between the parties, the same is taken on record.

3. Learned Public Prosecutor has vehemently opposed the anticipatory bail application.

4. Heard and perused the material available on record.

5. The regular bail application of the similarly placed co-accused Kamlesh was allowed by this Court vide order dated 08.04.2026, after recording the consent of the complainant and the fact that the parties have arrived at compromise and demand draft of Rs.22,00,000/- was paid to the complainant and it has been encashed by the complainant. Therefore, considering the aforesaid facts, I deem it just and proper to allow the anticipatory bail application of the accused-petitioner.

6. Accordingly, the anticipatory bail application under Section 482 BNSS is allowed and it is ordered that in the event of arrest of the petitioner Sita Devi W/o Late Ramswaroop Sharma, in connection with FIR No. 531/2018 registered at Police Station Kho Nagoriyan, District Jaipur City (East), she shall be released on bail, provided she 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 S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make herself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and

(iii) that the petitioner shall not leave India without previous permission of the court.