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2025 DAILYLAW 41985 (RAJ)

PUSHPCHAND ALIAS ARJUN S/O RAMSWAROOP v. THE STATE OF RAJASTHAN

CRLMB/11606/2025 · 2025-09-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40028] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 11606/2025 Pushpchand @ Arjun S/o Ramswaroop, Aged About 30 Years, R/o Village Rawantha, Thana Mandana District Kota (Raj.) (At Present Accused Is In Central Jail Kota). ----Petitioner Versus The State Of Rajasthan, Through Its Pp ----Respondent For Petitioner(s) : Mr. Bharat Saini For Respondent(s) : Ms. Arti Sharma, PP Mr. Krishnakant Panwar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Pushpchand @ Arjun S/o Ramswaroop, seeking bail in respect of a criminal case registered as FIR No.11/2025 dated 14.01.2025 registered at P.S. Mandana, District – Kota Rural for the offence under Section 80(2) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:40028] (2 of 3) [CRLMB-11606/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that after dismissal of first bail application the statement of complainant Leela Bai and Hemlata Bai were recorded by trial court. He further submitted that there is no allegation of demand of dowry and there is no supportive evidence to show that present petitioner has ever demanded dowry. He also submitted that the complainant and petitioner are labourer and the material indicate that no demand has been made by them. He also submitted that deceased has committed suicide due to her mental state and for suicide present petitioner cannot be held responsible who is in custody since 20.01.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned counsel for complainant has opposed the bail application and submitted that present petitioner has committed cruelty upon deceased and ante mortem injuries were found during post-mortem. 6. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. PW-1 Leela Bai has lodged a report on 14.01.2025 alleging suspicious death of her daughter within four years of marriage due to cruelty by petitioner accused on non- fulfilment of demand of dowry. The police has investigated the matter and during investigation conducted post-mortem. [2025:RJ-JP:40028] (3 of 3) [CRLMB-11606/2025] The petitioner accused was arrested on 20.01.2025. The statement of complainant were already recorded as PW-1 and another witness Hemlata Bai as PW-2. We have considered these statements. First bail application was dismissed on merits on 04.08.2025. 8. 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. 9. 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. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Pushpchand @ Arjun S/o Ramswaroop is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /9(C-16)