[2025:RJ-JP:37248] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6560/2025 Munnavar Akhtar S/o Akhtar Husain, R/o Akhtar Ki Badi Chungi Naka Ke Smane Ward No. 5, Kaithun, P.s Kaithun District Kota Raj. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan Ms. Faziya G. Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Shailesh Kumar Panwar for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Munnavar Akhtar S/o Akhtar Husain in FIR No.370/2023 dated 14.09.2023 registered at P.S. Kaithun District – Kota Rural whereby the petitioner- accused has charged under Sections 498-A and 304-B of IPC. 2. The petitioner was arrested on 15.09.2023 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner submits that the petitioner accused is an innocent person and he has been falsely implicated in the matter. Learned counsel for the petitioner [2025:RJ-JP:37248] (2 of 4) [CRLMB-6560/2025] submits that the marriage of petitioner was solemnized with the deceased in year 2019 and after lapse of more than 6 years she has died naturally. He further referred statement of Sahidudin and submitted that there is no demand of dowry and there is no evidence to show that the present petitioner has committed cruelty for non-fulfillment of demand. He also referred to a trivial incident in the family and submitted that due to a minor issue, the deceased committed suicide and from no angle it is not a case of dowry death. He also referred bail order dated 06.03.2024 passed by a Co-ordinate Bench wherein Akhtar Hussain was granted bail, and submitted that there is no specific overt act upon the present petitioner and there is no incident of demand of dowry. He further submitted that the trial has been delayed and the present petitioner is in custody since 15.09.2023. He further referred PMR and submitted that there is no injury on the body of deceased, which is sufficient to show that there is no evidence of cruelty. He also referred statement particularly cross-examination of PW-3 Mukut Bihari and submitted that no dowry was demanded from deceased soon before the death and the allegations are false. He also referred statement of PW-2 Vipul, particularly, his cross-examination and submitted that the transcription clearly indicate that there is no incident of demand of dowry. 4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. [2025:RJ-JP:37248] (3 of 4) [CRLMB-6560/2025] 5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 6. On basis of complaint lodged by Sahiduddin Ansari on 14.09.2023 about death of his daughter Naida Praveen in suspicious circumstances and cruelty on non-fulfillment of demand of dowry, a report is registered and after investigation, police has filed a charge-sheet against the present petitioner Munnavar Akhtar and his father Akhtar Husain but Akhtar Husain has been granted bail by a Co- ordinate Bench. The matter on record indicate that three witnesses were examined on 24.10.2024 but still complainant is not examined. The matter pertains to demand of dowry and we have considered statement of minor daughter (Eigal Fatima) of present petitioner recorded under Section 161 of Cr.P.C. A previous report dated 23.11.2019 about cruelty and demand of dowry is on record, which was later withdrawn by deceased. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. [2025:RJ-JP:37248] (4 of 4) [CRLMB-6560/2025] 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by the petitioner accused Munnavar Akhtar S/o Akhtar Husain is hereby dismissed. (ASHOK KUMAR JAIN),J MR/57