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2025 DAILYLAW 10338 (RAJ)

JITENDRA SON OF RAMMILAN @RAMKISHAN @ BHURA @ HALKE VERMA v. STATE OF RAJASTHAN

CRLMB/3439/2025 · 2025-03-24

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:13063] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 3439/2025 Jitendra Son Of Rammilan @ramkishan @ Bhura @ Halke Verma, Aged About 23 Years, R/o Devrikalan, Police Station Daboh, District Bhind, Madhyapradesh, Presently Resident Of Shivaji Chowk, Anta, District Baran (Raj.) (At Present Accused-Petitioner Confined District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Bhawna Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/03/2025 1. 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.211/2024 registered at Police Station Anta, District Baran (Rajasthan) for the offences punishable under Sections 304B and 34 of IPC. Later on, police filed charge-sheet in this matter for the offence punishable under Section 304B of IPC. 2. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after recording the testimony of mother and father of the deceased.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. [2025:RJ-JP:13063] (2 of 3) [CRLMB-3439/2025] 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that it appears from the testimony of parents of the deceased that both the families are from poor background and prior to the alleged incident, no complaint was made by them with regard to harassment of the deceased on account of demand for dowry. Counsel submits that it is also apparent from the testimony of father of the deceased that there was dispute between the petitioner and deceased on account of the fact that deceased was involved with some other boy. It is submitted that cause of death is asphyxia due to ante-mortem hanging and except ligature mark, no external injury was found on the person of the deceased. There are no criminal antecedents against the petitioner. Charge- sheet has been filed and trial will take considerable time in its conclusion. Petitioner is in custody since 21.05.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, so also considering the material made available in the form of charge-sheet including testimony of the parents of the deceased; absence of criminal antecedents of the petitioner and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting [2025:RJ-JP:13063] (3 of 3) [CRLMB-3439/2025] anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Jitendra Son Of Rammilan @ramkishan @ Bhura @ Halke Verma 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. 8. The observation made herein above is 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 /40