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2025 DAILYLAW 26656 (RAJ)

SHAHRUKH MOHAMMAD S/O JAKIR HUSSAIN v. STATE OF RAJASTHAN

CRLMB/9877/2025 · 2025-09-01

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9877/2025 Shahrukh Mohammad S/o Jakir Hussain, Aged About 23 Years, R/o Ward No 01, Arniya Road, Suket Police Station Suket, District Kota (Raj.). (At Present Confined In District Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar Mr. P.L. Saini For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 01/09/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 60/2025 registered at Police Station Suket, District Kota rural for the offences under Section 80(2) of BNS. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that initially the FIR was registered for the offence of abetment of suicide, however the police after through investigation charge-sheeted the petitioner for the offence under Section 80(2) of the BNS. It is contended that there is no iota of evidence available on the record indicating the fact that soon before the death of deceased she was subjected to cruelty for demand of dowry. The concerned Investigating Officer in (2 of 3) [CRLMB-9877/2025] conclusion of the charge-sheet at para Nos. 1, 2, 3 and 4 has specifically mentioned that there was some family dispute between the in-laws of deceased Heena Bano and her parents. There is no evidence to the fact that any demand of dowry was made. The Investigating Officer also concluded that deceased committed suicide as the dispute persisted. The accused-petitioner is in custody since 01.04.2025 and the trial of the case may take considerable time, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Heard and perused the material available on record. 5. The Investigating Officer in para Nos. 1 to 4 of the charge sheet has specifically concluded that there was some dispute between the deceased's in-law, and her parents as the brother of the deceased declined to marry with deceased's sister-in law (Simran). Investigating Officer has also concluded that due to dispute persisting between the families, deceased committed suicide. 6. Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that the accused-petitioner is in custody since long and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioner on bail. 7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Shahrukh Mohammad S/o Jakir Hussain, in connection with FIR No. (3 of 3) [CRLMB-9877/2025] 60/2025 registered at Police Station Suket, District Kota rural shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu/115