[2025:RJ-JP:21966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 6836/2025 Rakesh Kumar S/o Shri Ratanlal, Aged About 34 Years, R/o Ward No. 2, Sangahedi, Police Station Budadit, District Kota (Presently Lodged In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/05/2025 1. This third bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.134/2024 registered at Police Station Budadit, District Kota Rural (Rajasthan) for the offences punishable under Sections 304B & 306 of IPC. After completion of investigation, police filed charge-sheet in this matter. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 24.01.2025 while giving liberty to renew the prayer for bail after stage of charge is over. Thereafter, second bail application was filed on behalf of the petitioner however, it was also dismissed as withdrawn by this court vide order dated 08.04.2025 while giving liberty to renew the prayer for bail after recording testimony of complainant- Naresh Kumar, who is brother of the deceased and mother of deceased- Badam Bai. Now, both the aforementioned [2025:RJ-JP:21966] (2 of 3) [CRLMB-6836/2025] witnesses have been examined during the course of trial thus, this third bail application has been preferred. 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 the witnesses that it was a second marriage for both the parties (petitioner and deceased) and same was performed without any dowry as admitted by mother of the deceased. Counsel submits that no evidence is available on record suggesting the fact that deceased was subjected to cruelty or harassment soon before her death, on account of demand for dowry. It is submitted that both the families are from poor background where custom of dowry is not prevalent. Counsel submits that till date, only three witnesses have been examined out of twenty seven cited prosecution witnesses thus, there is bleak chance of culmination of trial in near future. It is contended that petitioner is in custody since 22.08.2024 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 and submits that there is clear allegation against the petitioner of harassing the deceased soon before her death, on account of demand for dowry. Counsel further submits that one abrasion was also found on the left foot of the deceased. 5. At this stage, learned counsel for the petitioner submits that according to the post-mortem report, cause of death is asphyxia due to ante-mortem hanging and except one superficial abrasion, no other visible injury was found on the person of the deceased. 6. I have considered the contentions. [2025:RJ-JP:21966] (3 of 3) [CRLMB-6836/2025] 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the material made available on record in the form of charge-sheet including testimony of mother and brother of the deceased, as also considering the fact that it has been admitted by mother of the deceased that marriage of the deceased was solemnized with the petitioner without any dowry and there is bleak chance of culmination of trial in near future as till date, only three witnesses have been examined out of twenty seven cited prosecution witnesses as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this third bail application. 8. 8. This third bail application is accordingly allowed and it is directed that accused-petitioner- Rakesh Kumar S/o Shri Ratanlal 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. 9. The observation made hereinabove 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 /38