[2025:RJ-JP:30311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2341/2025 Satish S/o Mansingh, Aged About 25 Years, R/o Aagar, Police Station Kasba Thana, District Baran, Raj. (At Present Confined In District Jail, Baran). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Jitendra Pandey For Respondent(s) : Mr. Manju Dave, PP Mr. K.I. Khan for Mr. Girish Khandelwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused in FIR No.87/2024 registered at P.S. Kasba Thana, District Baran whereby the applicant- accused has charged under Section/s 189(2) and 80(2) of BNS, 2023. 2. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Learned counsel for the applicant submits that the incident is of 15.09.2024 and later she was taken to hospital and on advice, she was taken to higher centre for treatment. He further submits that the deceased has expired on 17.09.2024 but report was registered on 18.09.2024. He [2025:RJ-JP:30311] (2 of 4) [CRLMB-2341/2025] also submits that the evidence and facts clearly indicate that the marriage of deceased Pooja was solemnized with the present applicant in a community marriage function and there is no question of demand of dowry when marriage is solemnized in a function organized by community. He further referred the evidence collected by the police and submitted that there is no evidence to show demand of dowry by the applicant accused and there is no evidence on record to show that for non fulfillment of demand of dowry deceased Pooja was subjected to cruelty. He was referred cross- examination of PW-1 Dabbu who is complainant and submitted that his admission clearly indicate that no demand has been made from him. He also submitted that this applicant accused was arrayed as an accused only because of husband of deceased. He further referred the evidence on record and submitted that due to minor altercation in family, the deceased has consumed poison and same is not sufficient to draw a conclusion that the applicant accused has abated the suicide. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. 4. Learned counsel for the complainant submits that there is continuous torture by present petitioner and same is explained in evidence of prosecution. He further referred a complaint filed to police station Kasba Thana on 19.08.2023 and submitted that this applicant accused is regularly committing torture and cruelty to deceased. [2025:RJ-JP:30311] (3 of 4) [CRLMB-2341/2025] 5. Heard learned counsel for the parties and learned Pubic Prosecutor. Perused the record. 6. After consuming poison deceased expired on 17.09.2024 while undergoing treatment then a report is lodged by father of deceased and after investigation, police has filed charge- sheet against petitioner under Section 80(2) of BNS for dowry death. 7. The applicant accused is in custody since 15.11.2024 and statement of PW-1 Dabu Dhakad (complainant) has been recorded. It is an admitted fact that marriage of deceased is solemnized in community arranged programme and both the parties have deposited ₹7500/- each. The cross-examination of PW-1 indicate that for first 6 months no demand of dowry was made by family of Satish. We have considered entire cross-examination of PW-1. On earlier occasion a report is filed by deceased at Police Station Kasba Thana on 19.08.2023. It is not possible for us to express any opinion on merits of the case. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant(s)- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused is hereby allowed and the applicant-accused Satish [2025:RJ-JP:30311] (4 of 4) [CRLMB-2341/2025] S/o Mansingh is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/56