HARISH KUMAR SAINI S/O LEKHRAJ SAINI v. STATE OF RAJASTHAN
CRLMB/3836/2025 · 2025-08-08
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 11524 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11524 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:30890] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3836/2025 Harish Kumar Saini S/o Lekhraj Saini, Aged About 32 Years, R/o Aamali Ki Dhani (Dhand Ki Dhani) Tan Mundawara Police Station Narayanpur Tehsil Narayanpur Dist. Kotputli Behror Raj. (Presently Confined In Central Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through Its Pp ----Respondent For Petitioner(s) : Mr. Nikhil Saini For Respondent(s) : Mr. Koushal Bhardwaj Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/08/2025 1 This instant application for bail filed under Section 483 of BNSS by the applicant-accused Harish Kumar Saini S/o Lekhraj Saini in FIR No. 09/2025 dated 12.01.2025 registered at P.S. Narayanpur, District -Kotputli, Behror, whereby the applicant-accused has charged under Sections 189(2) and 103(1) of BNS. 2 The applicant was arrested on 21.01.2025 and is in judicial custody since then. The Court below has dismissed the bail application. 3
Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He further submits that the marriage of applicant is solemnized
[2025:RJ-JP:30890] (2 of 4) [CRLMB-3836/2025] with deceased Anita in the year 2014 along with her sister in same family. He further submits that elder sister of deceased is also residing in same house and she was in the house at the time of suicide by deceased Anita Saini. He further submits that police has recorded statement of sister Sheela under Sections 180 and183 of BNSS. He further submits that the applicant is working in Gurugram and due to private job it is not possible for him to visit his village on daily basis but on weekly basis he used to visit his village to take care of family. He further submits that the bone of contention is Instagram account which was created and operated by the deceased and she was having a chat with another boy. He also submits that the instagram account was made in the name of “Kavya Saini” and this deceased was having a close relation with the boy whose pictures were captured from instagram account. 4
Learned counsel for applicant has also referred the statement of neighbors and submit that neither there was any incident of cruelty nor incitement, sufficient to commit suicide by deceased. He also submits that applicant-accused is having no criminal background and he is poor person who never demanded anything (dowry) from his in-laws. Further, he submits that the investigation relating to present applicant-accused is completed and is no more required by the Investigating Agency for investigation. At last, he submits that there is no criminal antecedents and charge- sheet has already been filed. [2025:RJ-JP:30890] (3 of 4) [CRLMB-3836/2025] 5 Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 6 Heard learned counsel for the applicant-accused, learned counsel for complainant along with learned Public Prosecutor. Perused the material placed on record. 7 On basis of reported death of Anita Saini, the police has registered a case and investigated the matter. The police has found that two sisters Anita and Sheela were married in same family and they were living happily. The investigation further reveals that three children born out of wedlock between Anita and present applicant. A dispute of keeping mobile has resulted in tension between husband and wife and ultimately wife has committed suicide. 8 Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9 Thus, the instant bail application filed on behalf of applicant- accused Harish Kumar Saini S/o Lekhraj Saini, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-
[2025:RJ-JP:30890] (4 of 4) [CRLMB-3836/2025] (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.
(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /76