[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Smt Jija Devi vs State Of Rajasthan (2026:Rj-Jd:829) on 8 January, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:829]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10782/2025
Smt Jija Devi W/o Late Shri Sunil Kumar @ Ishwar Lal Damor,
Aged About 35 Years, Katarwas Kallan Police Station Babalwara
District Udaipur Raj. (Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Gyan Jyoti Gupta.
For Respondent(s) : Mr. Ramesh Dewasi, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/01/2026
1. This application for bail under Section 483 BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with FIR No.162/2024 registered at Police Station
Bawalwara, District Udaipur, for offences under Sections 103(1)
and 3(5) of BNS.
2. Learned counsel for the petitioner submitted that as per
prosecution, on 12.10.2024, at around 11.00 AM, son of the
deceased-Ishwar Lal namely 'M' and his wife had gone to hospital
and returned within 3-4 hours. When the deceased-Ishwar Lal
inquired about such delay in returning home, a heated argument
took place between them. As per the prosecution, in the same
evening, when the deceased-Ishwar Lal was sitting under a mango
tree in the courtyard of the house, his son 'M', in a preplanned
manner, brought petrol in a bottle and poured it over him. The
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younger son 'R' thereupon brought a match-box and set the
deceased-Ishwar Lal on fire, as a result of which, his clothes
caught fire and the deceased sustained burn injuries. The
allegation against the present petitioner, who is the wife of the
deceased-Ishwar Lal is that throughout the incident, she was
standing at the place of incident and was provoking her sons 'M'
and 'R' to commit the alleged crime.
3. Learned counsel submitted that the petitioner has been
falsely implicated in the present case. Learned counsel submitted
that the FIR and challan papers indicate that when the clothes of
the deceased caught fire, the petitioner brought a Godhra
(blanket) and covered the deceased with an intention to
extinguish the fire. The material available on record clearly
indicates that it was the petitioner only who tried to save her
husband i.e. the deceased- Ishwar Lal by covering him with
blanket when his clothes caught fire.
4. Learned counsel submitted that sons of the deceased 'M' and
'R' were also arrested in the matter and were tried before the
Juvenile Justice Board, Udaipur for the offences under Sections
103(1) and 3(5) of BNS. The Juvenile Justice Board, Udaipur, after
conducting regular trial against 'M' and 'R', by a detailed judgment
dated 27.05.2025, has acquitted them from the charges levelled
against them.
5. Learned counsel submitted that the investigation against the
petitioner has already been concluded; the material available on
record does not indicate any active role of the petitioner in
commission of the alleged crime, on the contrary, she tried to save
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him by extinguishing the fire with a blanket; the co-accused 'M'
and 'R' against whom, specific allegations of pouring petrol and
setting the deceased on fire have been levelled, have already been
acquitted by the Juvenile Justice Board, Udaipur after conducting
regular trial against them; the petitioner does not have any
criminal antecedents; the petitioner has no motive to commit the
alleged crime and the trial of the case will take a sufficiently long
time to conclude. Therefore, the benefit of bail may be granted to
the accused-petitioner.
6. Per Contra, learned Public Prosecutor vehemently opposed
the bail application. However, he was not in a position to refute
the fact that the co-accused 'M' and 'R' against whom, specific
allegations of pouring petrol and setting the deceased on fire have
been levelled, have already been acquitted by the Juvenile Justice
Board, Udaipur after conducting regular trial against them. He was
also not in a position to refute the fact that the FIR and the
challan papers also indicate that it was only the petitioner who
had made an effort to save the deceased-Ishwar Lal's life when his
clothes caught fire. Learned Public Prosecutor has also not shown
any apprehension of the petitioner influencing the material
prosecution witnesses of the case or fleeing away from justice in
case she is enlarged on bail by this Court.
7. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
8. Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on the
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merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
9. Consequently, the bail application under Section 483 BNSS
(439 Cr.P.C.) is allowed and it is ordered that the accused-
petitioner - Smt Jija Devi W/o Late Shri Sunil Kumar @
Ishwar Lal Damor shall be enlarged on bail in connection with
FIR No.162/2024 registered at Police Station Bawalwara, District
Udaipur, provided she furnishes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for her appearance before
the court concerned on all the dates of hearing as and when called
upon to so.
10. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
c-54-Tikam/-
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