Devkishan S/O Anandilal Vs State of Rajasthan

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[2025:RJ-JP:3450]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Second Bail Application No.

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547/2025

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Devkishan S/o Anandilal, Aged About 28 Years, R/o Near Lakdi Ki Taal, Naya Nohra, Police Station Borkheda, District Kota City. (At Present Central Jail, Kota).

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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. Mukesh Sharma For Respondent(s) : Mr. N.S. Dhakar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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23/01/2025

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The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.224/2024 registered at Police Station Borkhera, District Kota City (Rajasthan) for the offence punishable under Section 304B IPC. Later on, police filed chargesheet in this matter for the offence punishable under Section 304B of IPC.

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First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after recording testimony of mother and father of the deceased. Now, mother and father of the deceased have been examined during the course of trial. Thus, this second bail application has been preferred by the petitioner.

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[CRLMB-547/2025]

(2 of 3)

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no evidence available on record to suggest that soon-before her death, victim was subjected to cruelty on account of demand of dowry, rather than it has been averred by the mother of the deceased that deceased used to consume tobacco (Gutkha) and therefore, she was suffering from liver and kidney related diseases and was under depression. Counsel submits that under depression, she committed suicide by hanging herself. Counsel submits that according to the post-mortem report, cause of death is asphyxia due to ante-mortem hanging. Counsel submits that except ligature mark, no other injury was found on the person of the deceased. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 26.06.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by counsel for the petitioner.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the admission made by mother of the deceased in her testimony recorded during the course of trial; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.

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This second bail application is accordingly allowed and it is

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[CRLMB-547/2025]

(3 of 3)

directed that accused-petitioner Devkishan S/o Anandilal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /39

Devkishan S/O Anandilal v. State of Rajasthan

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Devkishan S/O Anandilal v. State of Rajasthan

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