Sri Rajesh Kumar Kewat Vs the State of Assam

By this subsequent application filed under Section 482 of the BNSS, 2023 the petitioner, namely, Rajesh Kumar Kewat, has prayed for prearrest bail in connection with Bhangagarh P.S. Case No. 96/2025, registered under Sections 80(2) of BNS, 2023.

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This is the subsequent bail petition as the earlier bail petition was rejected on 13.08.2025 in AB 1352/2025.

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The gist of the allegation in the FIR given rise to police case of harassment and demand of dowry by the accused persons which ultimately led to the death of the victim. As per the PM and FSL report death was due to asphyxia as a result of antemortem hanging.

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Seen the progress of investigation after the date of rejection. The petitioner has annexed some whatsapp chats with the bail petition and filed an additional affidavit to submit a certificate under Section 63 BSA. It is submitted that some witnesses have stated about demand of Rs.20,00,000/- by the other family members but the prosecution submits that no such materials are there with regard to the present petitioner, though in this own statement he has stated about some aspect of demand of money by him and his family members.

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I find that the allegation of demand of dowry is more directed against the family members rather than the petitioner and his self incriminating statement cannot be taken into account as it is not admissible. Secondly, one the main allegations against him appears that he did not give time to the victim and in the meantime, she was facing some harassment from his family members. The marriage endured for only three

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months. The police has not sought to arrest this petitioner in the several months that have elapsed since the date of last rejection of anticipatory bail.

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Considering the progress of investigation and other aspects indicated above, I am of the considered that investigation may not be hampered if the petitioner is granted pre-arrest bail with conditions, at this stage. Therefore, I am willing to accept this subsequent bail petition and, in the event of arrest of the accused-petitioner, he shall be released on bail in connection with Bhangagarh P.S. Case No. 96/2025, registered under Sections 80(2) of BNS, 2023, on furnishing bail bond of Rs.40,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority.

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