[2025:RJ-JP:12341] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3306/2025 Kuldeep Alias Deepak Son Of Late Gauri Shanker, Aged About 45 Years, Resent Of Andhi, Police Station Andhi, District Jaipur At Present Lodged In The Central Jail Jaipur ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ashvin Garg for Mr. Nonit Hatila For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Mahendra Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.235/2024 registered at Police Station Andhi, District Jaipur Rural (Raj.) for the offences punishable under Sections 85 & 103(1) of BNS (corresponding to Section 498A & 302 of IPC). Later on, police filed charge-sheet in this matter for the offences punishable under Sections 85 & 108 of BNS (corresponding to Section 498A & 306 of IPC). 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that initially, FIR was registered for the offences punishable under Sections 85 & 103(1) of BNS (corresponding to Section 498A & 302 of IPC) and after completion of investigation, police has submitted [2025:RJ-JP:12341] (2 of 3) [CRLMB-3306/2025] charge-sheet for the offences under Sections 85 & 108 of BNS (corresponding to Section 498A & 306 of IPC) as offence 103(1) of BNS was not found proved. Counsel submits that marriage of the petitioner took place with the deceased ten years ago. Counsel submits that according to the statement of the son (who is aged about 9 years) of the petitioner as well as deceased, there was dispute between the petitioner and deceased for the reason that deceased wanted to go her parental home. Counsel submits that admittedly, at the time of incident, petitioner was not present at home and in his absence, deceased consumed poison (Celphos). Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 15.01.2025 and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. 4. I have considered the contentions. 5. 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 fact that initially, FIR was registered for the offence punishable under Section 103(1) of BNS (corresponding to 302 of IPC) but after completion of investigation, police has submitted charge-sheet for the offence under Section 108 of BNS (corresponding to 306 of IPC); absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I [2025:RJ-JP:12341] (3 of 3) [CRLMB-3306/2025] deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Kuldeep Alias Deepak Son Of Late Gauri Shanker 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. 7. The observations made herein above are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /120