[2025:RJ-JP:31744] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4316/2025 Kailash S/o Banshilal, Aged About 28 Years, R/o Banjara Colony, Loha Mandi, Kishorpura, Police Station Kishorpura, Kota City, Presently Resided On Naivalal Ji Plot Tapri In Front Of Parshvanath Building, Police Station Nanta, Kota City (Rajasthan) (At Present Confined In District Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abhishek Jhingonia For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/08/2025 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.24/2025 registered at Police Station Nayapura, District Kota City for the offence punishable under Section 304B of IPC. After completion of investigation, police filed charge-sheet in this matter for the offence punishable under Section 306 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that initially, FIR was registered for the offence punishable under Section 304B of IPC however, during the course of Investigation, offence punishable under section 304B of IPC has not been found proved and police filed charge-sheet for the [2025:RJ-JP:31744] (2 of 3) [CRLMB-4316/2025] offence punishable under Section 306 of IPC. Counsel submits that it is apparent from the record that deceased was suffering from breast cancer and there was dispute between the deceased and petitioner on account of her illness and liquor habit of the petitioner. It is contended that deceased was under depression and committed suicide by hanging herself. It is contended that post-mortem report suggests that cause of death is asphyxia due to ante mortem hanging and except ligature mark, no visible injury was found on the person of the deceased. It is argued that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 19.02.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor 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 considering the material available on record in the form of charge-sheet, as also considering the fact that during the course of Investigation, offence punishable under section 304B of IPC has not been found proved and police filed charge-sheet for the offence punishable under Section 306 of IPC and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed [2025:RJ-JP:31744] (3 of 3) [CRLMB-4316/2025] that accused-petitioner - Kailash S/o Banshilal, shall be released on bail provided, he shall furnish 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 hereinabove 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 CHARU SONI /48