Mahendra S/O Babulal Vs State of Rajasthan

[2025:RJ-JP:14639]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 14031/2024

Mahendra S/o Babulal, Aged About 28 Years, R/o Daulatpura, Police Station Khandar, District Sawai Madhopur. (At Present Confined At District Jail Sawai Madhopur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Umesh Dixit For Respondent(s) : Mr. Sudesh Saini, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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01/04/2025

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The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.219/2024 registered at Police Station Khandar, District Sawai Madhopur for the offence(s) under Sections 80(2), 85 and 3(5) of BNS.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that initially the case was registered for the offences under Section 80(2), 85 and 3(5) of BNS and it was alleged against the petitioner that the petitioner and his parents were harassing the deceased in order to demand dowry and the deceased died in suspicious circumstances. The police after investigation did not find offence committed under Sections 80(2), 85 and 3(5) of BNS against the present accused-petitioner and

[2025:RJ-JP:14639]

[CRLMB-14031/2024]

(2 of 3)

exonerated the petitioner's mother and father. It is also contended that there is no substantive evidence available on record indicating the fact that soon before the death of the deceased, she was subjected to abetment which resulted into commission of suicidal act by the deceased. It is also contended that PW-2 Rajesh, who is brother of the deceased, also turned hostile and not supported the prosecution story. Similarly, PW-1 Shanti Devi, who is mother of the deceased though in her examination-in-chief has deposed against the petitioner but the allegation pertains to demand of dowry. The prosecution itself did not submit the charge-sheet for the offence under Section 80(2) and 85 of BNS. PW-1 has not stated that soon before the death of the deceased, the petitioner instigated the deceased to commit suicide and she has also not stated that the accused-petitioner was alcoholic. There is no suicidal note left by the deceased, the cause of death of the deceased is by consuming some poisonous substance. The accused-petitioner is in custody since 17.09.2024 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor has vehemently opposed the bail application and contended that the witness Indraraj Bairwa in his statement rendered under Section 180 of BNSS has clearly stated that the petitioner used to consume alcohol and regularly engaged in fighting with the deceased, therefore, considering the statement of witness Indraraj Bairwa, the bail application of the accusedpetitioner may be dismissed.

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Heard and perused the material available on record.

(3 of 3)

[2025:RJ-JP:14639]

[CRLMB-14031/2024]

It is not desirable to express anything on the merits of the case. Considering the arguments advanced by counsel for the parties and taking into consideration the statement of PW-1 Shanti Devi and PW-2 Rajesh, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Mahendra S/o Babulal, in connection with FIR No.219/2024 registered at Police Station Khandar, District Sawai Madhopur shall be enlarged on bail provided he 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 his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/41

Mahendra S/O Babulal v. State of Rajasthan

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Mahendra S/O Babulal v. State of Rajasthan

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