[2025:RJ-JP:20020] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 6197/2025 Shakeel Urf Shakeel Ahmed S/o Muddin, Aged About 24 Years, R/o Kharaida Thana Vazirpur District Gangapur City. (At Present Confined At Sub Jail Gangapur City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/05/2025 1. This second bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.172/2024 registered at Police Station Vazirpur, District Gangapur City (Raj.) for the offences punishable under Sections 80(2) and 85 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter. 2. First bail application of the petitioner was dismissed as withdrawn vide order dated 28.02.2025 with liberty to renew the prayer of bail after recording testimony of real sister of the deceased, who is married in the same family. Now, sister of the deceased has been examined during the course of trial, thus this second bail application has been preferred. [2025:RJ-JP:20020] (2 of 3) [CRLMB-6197/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that sister, uncle and brother of the deceased have been examined during the course of trial wherein they have not supported the prosecution case and have been declared hostile. It is submitted that as per post-mortem report, 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. There are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 30.09.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that complainant, who is father of the deceased has supported the prosecution case and it is evident from his testimony that deceased was subjected to cruelty/harassment on account of demand for dowry. 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 both the parties, especially the fact that sister of the deceased who is married in the same family has not alleged anything against the petitioner, as also considering other surrounding facts and circumstances which includes testimony of brother and uncle of the deceased and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting [2025:RJ-JP:20020] (3 of 3) [CRLMB-6197/2025] anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Shakeel Urf Shakeel Ahmed S/o Muddin, 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 GAUTAM JAIN /42