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2025 DAILYLAW 3609 (RAJ)

AABID S/O SH. AASUDEEN v. STATE OF RAJASTHAN

CRLMB/708/2025 · 2025-01-23

Anil Kumar Upman

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 708/2025 Aabid S/o Sh. Aasudeen, Aged About 29 Years, R/o Gundbas Nangla Banjeerka, Police Station Bagad Tiraya, District Alwar (Rajasthan) (At Present Confined In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Aslam S. Khan For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025 1. Petitioner has filed this bail application under Section 483 of BNSS. 2. F.I.R. No. 338/2024 was registered against the petitioner at Police Station Bagad Tiraya, District Alwar for the offences punishable under Sections 85 & 103(1) BNS of 2023. Later on, charge-sheet has been filed in this matter for the offences punishable under Sections 85 & 108 of BNS of 2023. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel further submits that initially FIR was registered for the offences punishable under Sections 85 BNS (498A IPC) and 103(1) BNS (302 IPC). Counsel submits that after through investigation, police filed charge-sheet for the offences punishable (2 of 3) [CRLMB-708/2025] under Sections 85 BNS (498A IPC), 108 BNS (306 IPC) and offence under Section 103(1) BNS (302 IPC) was not found proved in the investigation. Counsel further submits that ingredients of Section 305 BNS (107 IPC) are not visible in the present case. There was argument between the petitioner and deceased on account of the fact that deceased left matrimonial home with someone and on her return, some questions were raised by the petitioner, then, she committed suicide. Cause of death is also Asphyxia brought about as a result of Ante-Mortem hanging. No other injury was found on the person of the deceased. Petitioner is in custody since 16.11.2024. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that during investigation, offence under Section 103(1) BNS (302 IPC) was not found proved; police filed charge-sheet, for the offences punishable under Sections 85 BNS (498A IPC) and 108 BNS (306 IPC); petitioner is in custody and trial will take time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner- Aabid S/o Sh. Aasudeen shall be (3 of 3) [CRLMB-708/2025] 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. 8. 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 ANANDTANWAR/199