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[2025:RJ-JP:4258] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14380/2024 Golu Kumar S/o Bablu, Aged About 24 Years, R/o Village Batavdapar Police Station Bapacha Tehsil Chhabara, Dist Baran Rajasthan. (Petitioner Is In Sub. Jail Chhbara). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. N.S. Dhakar, PP 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.118/2024 registered at Police Station Bapacha, District Baran (Raj.) for the offences punishable under Sections 103(2) & 80(2) of BNS (corresponding to Sections 302 & 304(B) of IPC).
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 initially, FIR was registered for the offences punishable under Sections 103(2) & 80(2) of BNS. Later on, charge-sheet has been filed against the petitioner for the offence punishable under Section 108 of BNS whereas police filed charge-sheet against the deceased herself for the offence punishable under Section 103(1) of BNS as before committing
[2025:RJ-JP:4258] (2 of 3) [CRLMB-14380/2024] suicide, she killed her child. It has also been observed by the Investigation Agency that deceased was under depression as petitioner was in contact with other females & therefore, she committed suicide. Counsel submits that merely petitioner was having affair with other females, would not constitute offence of abetment of suicide. Petitioner is in custody since 23.10.2024 & there are no criminal antecedents against him. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
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 both the parties, so also considering the material including the charge- sheet; absence of criminal antecedents as well as looking to the custody period, 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 - Golu Kumar S/o Bablu, 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
[2025:RJ-JP:4258] (3 of 3) [CRLMB-14380/2024] and as and when called upon to do so.
7. The observations 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 GAUTAM JAIN /108