[2025:RJ-JP:599] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14990/2024 Sanju Kumar S/o Sh. Sahab Singh, Aged About 29 Years, R/o Kyarda Kala, P.S. Nayimandi, Hindaun City, District Karauli (Rajasthan) (Presently Confined At District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anurag Sharma, Ms. Shreya Hatila, Mr. Anoop Meena For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP, Mr. Arvind Sharma for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.378/2024 registered at Police Station Nayi Mandi Hindaun, District Karauli for the offence(s) under Sections 80(2) & 85 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 police after conducting thorough investigation did not find involvement of the deceased's mother-in-law and sister-in-law in the alleged crime and they were exonerated. It is vehemently argued that the allegation of demand of dowry is false and there is no evidence to the fact that soon before the death of the deceased, deceased was subjected to cruelty for any demand of dowry. It is also contended that the cause of death of the deceased is hanging and police also concluded that the deceased committed suicide by hanging herself, no suicidal note was recovered and no injuries were found at the body parts of the [2025:RJ-JP:599] (2 of 3) [CRLMB-14990/2024] deceased, apart from the ligature mark at the neck. It is also contended that in the charge-sheet, police has concluded that there were altercation between the accused-petitioner and the deceased, due to that the deceased committed suicide, prima- facie there is no evidence regarding dowry death available on record. It is also contended that in the present case, the investigation was conducted twice and statement of witnesses were recorded under Section 183 of BNSS and the statement of the witnesses are itself contradictory. It is pointed out by referring the statement of deceased's mother Machhla Devi that she in her statement has categorically stated that on 20.07.2024, deceased called her and informed that she is not well and also told her that her mother in law is not talking to her and her statement itself shows that there was no demand of dowry and there was a dispute between the deceased and her mother in law and due to that the deceased committed suicide. The petitioner is in custody since long and trial/investigation of the case may take considerable time, therefore considering the above facts and period of incarceration of the petitioner, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application. It is contended by learned counsel for the complainant that the police did not conduct the investigation in proper manner and therefore, the statement of all witnesses were recorded under Section 183 of BNSS. In the statements under Section 183 of BNSS, all the witnesses have categorically stated that there was demand of [2025:RJ-JP:599] (3 of 3) [CRLMB-14990/2024] dowry and the petitioner used to harass the deceased, which resulted into suicide of the deceased, therefore, considering the above facts, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case, suffice to state that police in its investigation concluded that soon before the death, there was an altercation between the petitioner and the deceased and due to that deceased committed suicide. In the postmortem report, no antemortem injuries were found, apart from the ligature mark present at the neck of the deceased. The petitioner is in custody since long and trial/investigation of the case may take considerable time, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Sanju Kumar S/o Sh. Sahab Singh in connection with FIR No.378/2024 registered at Police Station Nayi Mandi Hindaun, District Karauli 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 Keshav/327