[2025:RJ-JP:44292] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12322/2025 Budhiprakash S/o Mathuralal, Aged About 25 Years, R/o Madanpuriya Police Station Ghatoli District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Aklera District Jhalawar (Raj). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Non-Applicant For Applicant(s) : Mr. Rohit Khandelwal For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP Mr. Vikram Yadav HON'BLE MR. JUSTICE SAMEER JAIN Judgment 04/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 150/2025 registered at Police Station Ghatoli, District Jhalawar for the offence(s) under Sections 80(2), 3(5) of BNS, 2023. 2. Learned counsel for the applicant has submitted that the marriage between the applicant and the deceased was solemnized three years ago, and no complaint under the Domestic Violence Act has ever been registered. It is further submitted that the applicant has no criminal antecedents, the charge-sheet has already been filed, and the applicant has been in custody since 08.05.2025. It is also contended that the cause of death has been [2025:RJ-JP:44292] (2 of 2) [CRLMB-12322/2025] stated to be Apraxia, and the deceased was already undergoing medical treatment for the same, from a substantial period. 3. Per contra, learned counsel for the complainant opposed the submissions made on behalf of the accused and contended that the marriage between the deceased and the accused was solemnized three years ago. It is further submitted that there exists a presumption under Section 80 of BNS, as the deceased- victim was pregnant at the time of death. It is alleged that she died after falling into a well, and there had been continuous quarrels between the couple during the subsistence of their three- year marriage. The complaint, it is submitted, was lodged by the father of the deceased. 4. Heard and considered. 5. Considering the overall facts, and taking note of the fact that there are disputed question of facts; that the victim was pregnant at the time of alleged incident; that the allegations leveled are of heinous nature, this Court is not inclined to enlarge the accused- applicant on bail. 6. Accordingly, the present bail application is dismissed. (SAMEER JAIN),J DEEPAK/46