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2025 DAILYLAW 5060 (RAJ)

ROSHANSINGH S/O HIRALAL @ BHOLARAM v. STATE OF RAJASTHAN

CRLMB/1363/2025 · 2025-06-24

Ashutosh Kumar V J

body2025

Judgment text

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[2025:RJ-JP:23439] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1363/2025 Roshansingh S/o Hiralal @ Bholaram, Aged About 31 Years, R/o Kherkheda Police Station Ghatoli District Jhalawar. At Present In Sub Jail, Aklera. ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Harendra Singh, Adv. with Mr. Shivam Sharma, Adv. For Respondent(s) : Mr. Rajesh Chaudhary, GA-cum-AAG Mr. Manvendra Singh, P.P. Mr. Amit Kumar Gupta, P.P. HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V.J.) Order 24/06/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 10.01.2025 passed by learned Additional District and Sessions Judge, Aklera, District Jhalawar (Raj.) in connection with FIR No. 148/2024, registered at Police Station Ghatoli, District Jhalawar for the offence punishable under Section 304-B of IPC, 1860, by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that there is no evidence on record that the deceased was subjected to cruelty soon before her death with regard to demand of dowry. Learned counsel also argues that as [2025:RJ-JP:23439] (2 of 3) [CRLMB-1363/2025] per the evidence collected during investigation, it has come on record that there was no demand of dowry, however, the relation between the deceased and the accused-applicant was not cordial. Learned counsel further argues that as per the charge-sheet, one audio recording of 32 minutes and 20 seconds dated 08.12.2024 between the deceased and the accused-applicant has been made part of the record and in that conversation it is not clear that the deceased was ever subjected to cruelty. Learned counsel contends that as per the charge-sheet itself the deceased committed suicide by hanging herself through the 'saree'. It has also come on record that on the date of the alleged incident, the accused-applicant was not present on the spot rather he went away for his work. Learned counsel further contends that the accused-applicant was arrested on 03.06.2024 and since then, he is behind the bars. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the facts that as per the post mortem report of the deceased, no injury has been found on the body of the deceased, only ligature mark on the neck of the deceased has been found, which shows that the cause of death was due to hanging; that at the time of the incident, the accused-applicant was not present at the spot; that the accused-applicant is behind the bars since [2025:RJ-JP:23439] (3 of 3) [CRLMB-1363/2025] 03.06.2024; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Roshansingh S/o Hiralal @ Bholaram, arrested in FIR No. 148/2024, registered at Police Station Ghatoli, District Jhalawar shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 7. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR (V.J.)),J Mohita /12