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[2025:RJ-JP:31864] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6964/2025 Anshu S/o Natthilal, Aged About 28 Years, R/o Mahrera PS- Mahrera, District Enta, Uttar Pradesh, At Present Tenant At Sanjay Colony, Suraj Cinema, Bhiwadi, PS Bhiwadi, District Khairthal, Tijara, Rajasthan. (At Present Confined In Jail At Bhiwadi). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ajay Singh, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, 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.113/2025 registered at Police Station Bhiwadi, District Bhiwadi for the offences punishable under Sections 85, 80(2) & 316(2) of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that no case under Section 80(2) of BNS, 2023 (corresponding to Section 304B of IPC) is made out. It is submitted that deceased consumed poison thereafter, she was taken to the hospital by the petitioner. Counsel submits that
[2025:RJ-JP:31864] (2 of 3) [CRLMB-6964/2025] deceased consumed poison as she had a doubt that petitioner was having extra-martial affair and same is evident from the statement of the nurse namely- Saroj, who was treating the deceased however, her statement has been recorded under Section 180 of BNSS by the Investigating Agency. It is submitted that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 20.02.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned 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 parties, especially considering the material available on record in the form of charge-sheet including statement of the nurse namely- Saroj, who was treating the deceased and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Anshu S/o Natthilal 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
[2025:RJ-JP:31864] (3 of 3) [CRLMB-6964/2025] 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 MADAN/99