JUGRAJ BAGRI S/O MOHANLAL BAGRI v. STATE OF RAJASTHAN
CRLMB/211/2025 · 2025-01-09
Ganesh Ram Meena
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2378 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2378 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1333] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 211/2025 Jugraj Bagri S/o Mohanlal Bagri, Aged About 20 Years, R/o Khajurana Kalan, Police Station Anta, District Baran (Rajasthan) (At Present Confined In Central Jail Kota, District Kota). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 09/01/2025
1. This second bail application has been filed by the accused- petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.56/2024 registered at Police Station Dadabadi, District Kota City for the offence punishable under Section 304B of IPC.
2. The First Bail Application bearing No.4655/2024 was dismissed as withdrawn by this Court vide order dated 09.09.2024 with liberty to file fresh bail application after examination of the prosecution witnesses namely; Jyoti & Rajibai.
3. Heard.
4. Considered the submissions made at Bar and also perused the challan papers as well as the statements of the prosecution witnesses PW1- Rajibai (mother of the deceased), PW2-Jyoti (sister of the deceased).
[2025:RJ-JP:1333] (2 of 3) [CRLMB-211/2025]
5. PW1- Rajibai (mother of the deceased) has specifically deposed in the cross-examination that the deceased was never subjected to the cruelty by the accused-petitioner and she has lodged report against the accused-petitioner on initiation of some third person.
6. PW2- Jyoti (sister of the deceased) has also stated that the deceased was never subjected to the cruelty for demand of dowry by the accused-petitioner and they both the accused-petitioner and the deceased were living happily married life.
7. Both the material prosecution witnesses PW-1 (mother of the deceased) & PW-2 (sister of the deceased) have not supported the prosecution story and have been declared hostile so as to convict an accused for offence under Section 304B of IPC. The basis ingredient is that there must be an evidence of cruelty by the accused soon before the death for seeking demand of dowry. Both the prosecution witnesses have not supported any ingredient.
8. Having regard the aforesaid facts and circumstances of the case and the fact that the accused- petitioner is in custody since 11.03.2024, this Court without expressing any opinion on the merit and demerits of the case, deems just and proper to enlarge the petitioner on bail.
9. This second bail application is, accordingly, allowed and it is
directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any other Court to which the matter is transferred,
[2025:RJ-JP:1333] (3 of 3) [CRLMB-211/2025] on all subsequent dates of hearing and as and when called upon to do so.
(GANESH RAM MEENA),J DIVYA SAINI /21