State Of Rajasthan, Through Pp v. Connected

: Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. D.K. Dixit Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 18/09/2025 Order

1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Manish S/o Maganlal @ Madanlal and Mamta Wife Of Vishnu seeking bail in respect of a criminal case registered as FIR No.83/2021 dated 12.05.2021 registered at P.S. Wazirpur, District - Sawaimadhopur, for the offence under Sections 307 IPC. [2025:RJ-JP:38400] (2 of 5) [CRLMB-7679/2025]

2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned Counsel for Petitioners submits that on the basis of Parcha Bayan of victim Krishna @ Lala dated 12.05.2021, a criminal case was registered under Section 307 IPC, but during treatment, the injured succumbed to burn injuries and police added Section 302 IPC. He further submitted that in Parcha Bayan, allegations were made against Mamta for pouring petrol on the victim and further immolating him. He further submitted that the police investigated the matter and after detailed investigation by several police officers, a closure report is filed before the trial court. He also submitted that the reasons for submitting the closure report clearly indicate that Mamta had registered FIR No. 20/2018 under Section 376 IPC against deceased Krishna @ Lala, wherein charge sheet has been filed by police and the case is registered as Sessions Case No. 17/2018. He further submitted that after being released on bail in the said rape case, Krishna @ Lala created pressure on Mamta for compromise and on the fateful day, Krishna @ Lala went to the house of Mamta with petrol and immolated himself to [2025:RJ-JP:38400] (3 of 5) [CRLMB-7679/2025] create pressure upon Mamta. Later he recorded his dying declaration naming Mamta and petitioner accused Manish. He further submitted that after protest petition on F.R., learned Judicial Magistrate, without application of mind, proceeded to take cognizance against both the petitioners, who are presently in custody. He further submitted that police has submitted a negative report recommending that this is a false case registered to pressurize rape victim Mamta. At last, he submitted that there is no criminal antecedent against petitioner Mamta, who is in custody since

11.06.2025, and Manish, who is in custody since

26.05.2025.

4. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature.

5. Aforesaid contentions were opposed by Learned Counsel for Complainant. He relied upon the order of cognizance passed by learned Judicial Magistrate, Gangapur City, and submitted that at the time of cognizance, learned Magistrate has taken note of the entire facts and circumstances, which is sufficient to show that police has not properly investigated the matter. He further submitted that a case under Section 376 IPC was registered by Mamta, but there is no allegation of rape in her statement under Section 164 CrPC. He further submitted that the rape case has been abated due to death of Krishna @ Lala. He also submitted that not only a dying declaration of the deceased on record, but also statement of an eyewitness, Gordhan, who was present at the spot. [2025:RJ-JP:38400] (4 of 5) [CRLMB-7679/2025]

6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

7. On the basis of Parcha Bayan dated 12.05.2021 of Krishna @ Lala, a criminal case under Section 307 IPC was registered, and during investigation, dying declaration of Krishna @ Lala was also recorded by learned Magistrate. During treatment, Krishna @ Lala succumbed to burn injuries in the evening of

12.05.2021. The police investigated the matter under Section 302 IPC and further submitted FR/closure report to the court. Learned Judicial Magistrate passed an order of cognizance on 26.03.2025 on protest petition of complainant and called these two petitioners by warrant of arrest, pursuant to which they were arrested and are in custody. A previous criminal case No. 20/2018 under Section 376 IPC was registered by Mamta against Krishna @ Lala. The police has not found involvement of both the petitioners in the incident and only on basis of dying declaration, an order of cognizance is passed on F.R.

8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. [2025:RJ-JP:38400] (5 of 5) [CRLMB-7679/2025]

9. Thus, the instant bail applications filed on behalf of applicants-accused Manish S/o Maganlal @ Madanlal and Mamta Wife Of Vishnu, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. PREETI VALECHA /85-86 (ASHOK KUMAR JAIN),J