[2025:RJ-JP:4448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14130/2024 Banti @ Honey S/o Rajesh Kumar, Aged About 24 Years, R/o Janta Colony Subhash Nagar Khairthal Police Station Khairthal District Khairthal- Tijara. At Present In Central Jail, Alwar. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Beri Singh Sinsinwar, Sr. Adv. with Mr. Mohan Lal For Respondent(s) For Complainant(s) : : Mr. Rishi Raj Singh Rathore, PP Mr. Sumer Singh Ola HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/01/2025 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.316/2024 registered at Police Station Khairthal, District Khairthal-Tijara (Rajasthan) for the offences punishable under Sections 80(2) & 85 of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 80(2) & 85 of BNS. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no evidence available on record suggesting that soon-before death, deceased was subjected to cruelty or harassment on account of demand of dowry. Inviting attention of this Court towards the statement of brother of the deceased recorded under [2025:RJ-JP:4448] (2 of 3) [CRLMB-14130/2024] Section 180 of BNSS (Section 161 Cr.PC), counsel submits that it has been stated by her brother that earlier, his sister got married with some other person. However, after sometime, she took divorce and thereafter, marriage of her sister was solemnized with petitioner on 21.05.2021. Counsel submits that initially both were working but due to birth of a child, the deceased left her job. Counsel submits that it has also been stated by the brother of deceased that petitioner and her sister were leading a happy married life but later on, due to the unemployment, petitioner demanded Rs.3,00,000/- for doing some business. Counsel submits that under depression, she committed suicide by hanging herself. Counsel submits that cause of death is asphyxia due to ante-mortem hanging. The petitioner does not have any criminal antecedents. He is in custody since 30.08.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submits that petitioner demanded Rs.3,00,000/- from the deceased and was making pressure upon her, therefore, she committed suicide. In these circumstances, offence punishable under Section 80(2) of BNS (Section 304B of IPC) is clearly made out. 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 petitioner, as also looking to the material made available [2025:RJ-JP:4448] (3 of 3) [CRLMB-14130/2024] before me including the charge-sheet; statement of brother of the deceased; absence of criminal antecedents of the petitioner; period of custody and trial will take considerable time, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Banti @ Honey S/o Rajesh Kumar 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. 7. 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 /97