[2025:RJ-JP:14096] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15603/2024 Kamal S/o Subhas Chand, Aged About 18 Years 04 Months, R/o Bhemnagar Bayana Police Station Bayana District Bharatpur. (At Present Confined In Sub Jail Bayana District Bharatpur Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Sudesh Saini, PP Mr. Shubham Sain, AAAG Mr. R.S. Bhardwaj HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/03/2025 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. 292/2024 registered at Police Station Bayana, District Bharatpur for the offence(s) under Sections 115(2), 85, 80(2) and 189(2) of BNS. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The age of the accused-petitioner is 18 years. It is also contended that the FIR was lodged against the petitioner and his family members alleging demand of dowry. The real sister of the deceased was married to accused-petitioner’s brother and they were residing together. The deceased died after consuming some poisonous substance. It is also contended that during investigation the statements of Dinesh, [2025:RJ-JP:14096] (2 of 3) [CRLMB-15603/2024] Roop Singh @ Roopa and Kok Singh were recorded alognwith the statements of neighbours Kalua, Gyan Singh, Sunil, Kaptaan and Ranjeet. All the witnesses in their statement denied the fact that any demand of dowry was made by the accused-petitioner or his family members. Witnesses Dinesh, Roopa and Kok Singh also denied the allegations and stated that after solemnization of the marriage of the accused-petitioner and deceased, mediation took place and they were present in the mediation proceedings. It is further contended that the father of the deceased PW-2 Phool Singh has turned hostile and not supported the prosecution story and also denied the fact that petitioner demanded any dowry from the deceased. The accused petitioner is in custody since 03.09.2024, prosecution has examined only two witnesses out of the long list of 23 cited witnesses, further trial of the case will take considerable time. Therefore, considering the above facts benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the bail application and contended that it is alleged against the petitioner that he demanded dowry from the deceased and due to that deceased committed suicide after consuming some poisonous substance. Witness PW-1 Sanjay who is the brother of deceased, in his examination-in-chief has deposed against the accused-petitioner, therefore considering the fact that deceased died within two years of marriage in suspicious circumstances, the bail application of the accused-petitioner deserves to be dismissed. Heard and perused the material available on the record. [2025:RJ-JP:14096] (3 of 3) [CRLMB-15603/2024] It is not desirable to express anything on the merits of the case, accused-petitioner is in custody since 03.09.2024 and further trial of the case will take considerable time. Father of the deceased PW-2 Phool Singh has turned hostile and not supported the prosecution story, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Kamal S/o Subhas Chand, in connection with FIR No. 292/2024 registered at Police Station Bayana, District Bharatpur 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 as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /40