Shanti vs State Of Rajasthan (2026:Rj-Jd:14984) on 1 April, 2026

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    Rajasthan High Court – Jodhpur

    Shanti vs State Of Rajasthan (2026:Rj-Jd:14984) on 1 April, 2026

    [2026:RJ-JD:14984]
    
           HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
         S.B. Criminal Miscellaneous Bail Application No. 1351/2026
    
    Shanti W/o Ram Kishore, Aged About 49 Years, Resident Of
    Village Bhavi Tehsil Bilara District Jodhpur
                                                                        ----Petitioner
                                         Versus
    State Of Rajasthan, Through The Public Prosecutor
                                                                      ----Respondent
    
    
    For Petitioner(s)          :     Mr. Shailendra Gwala
    For Respondent(s)          :     Mr. Hanuman Prajapati, PP with
                                     Mr. Ravindra Singh Bhati
    
    
    
                  HON'BLE MR. JUSTICE MANEESH SHARMA

    Order

    01/04/2026

    SPONSORED

    1. The instant anticipatory bail application has been filed under

    Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023

    (B.N.S.S.) by the petitioner apprehending her arrest in connection

    with FIR No.248/2023, Police Station Bilara, District Jodhpur

    (Rural) for the offences under Sections 143, 323, 341, 354, 447

    and 427 of IPC, 1860.

    2. Learned counsel for the petitioner submits that the petitioner

    is lady aged about 49 years and the petitioner has falsely been

    implicated in this case and no specific allegations of assault have

    been made against the petitioner. He further submits that some of

    the co-accused have already been enlarged on bail by the learned

    Trial Court, whereas another co-accused Sukhi Devi has already

    been granted benefit of anticipatory bail by a Co-Ordinate Bench

    of this Court vide order dated 11.11.2025 in S.B. Criminal Misc.

    Bail Application No.8794/2024, therefore, no useful purpose would

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    be served by sending the petitioner behind bars for custodial

    interrogation and accordingly prays that the petitioner may kindly

    be released on anticipatory bail.

    3. Learned Public Prosecutor has vehemently opposed the

    prayer for anticipatory bail; however, he is not in a position to

    refute the fact that all the other co-accused in this case have

    already been granted regular bail by the learned Trial Court itself

    and that another co-accused Sukhi Devi has been granted

    anticipatory bail by a Co-Ordinate Bench of this Court.

    4. Heard the learned counsel for the parties and perused the

    impugned order dated 07.01.2026.

    5. Having regard to the facts and circumstances of the case and

    upon a consideration of the arguments advanced at Bar,

    particularly the fact that the petitioner is a 49 year old lady and

    that some of the co-accused have already been enlarged on

    regular bail by the learned Trial Court and another co-accused

    Sukhi Devi has already been granted benefit of anticipatory bail by

    a Co-Ordinate Bench of this Court vide order dated 11.11.2025

    and that there is no distinction between the allegations against the

    co-accused and the petitioner, without expressing any opinion on

    the merits or demerits of the case, is of the opinion that it is a fit

    case for grant of anticipatory bail to the petitioner under Section

    482 BNSS, 2023.

    6. Accordingly, the bail application is allowed and it is directed

    that in the event of arrest of petitioner Shanti W/o Ram Kishore

    in connection with FIR No.248/2023, Police Station Bilara, District

    Jodhpur, the petitioner shall be released on bail; provided she

    furnishes a personal bond in the sum of Rs.1,00,000/- along with

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    two sureties of Rs.50,000/- each to the satisfaction of the

    concerned Investigating Officer/S.H.O. on the following

    conditions :-

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

    (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 him from
    disclosing such facts to the court or any police officer.

    (MANEESH SHARMA),J
    63-Ishan/-

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