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2025 DAILYLAW 5511 (RAJ)

MANISH KUMAR S/O KISHOR KUMAR v. STATE OF RAJASTHAN

CRLMB/1607/2025 · 2025-02-11

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6066] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1607/2025 Manish Kumar S/o Kishor Kumar, Aged About 30 Years, R/o Ward No. 5, Toda, Tehsil Neemkathana, District Sikar (Raj.) (At Present Accused Petitioner Confined District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vidhut Kumar Gupta For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/02/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.135/2023 registered at Police Station Neema Ka Thana Sadar, District Sikar for the offences punishable under Sections 143, 498A & 302 of IPC. Later on, police filed charge-sheet for the offences punishable under Sections 306 & 506 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that petitioner is the cousin brother of the husband of deceased. It is submitted that deceased committed suicide by hanging herself and left suicide note which was written on her hand wherein it has been mentioned that except her husband, her in-laws are responsible for her death but no specific [2025:RJ-JP:6066] (2 of 3) [CRLMB-1607/2025] name is appearing in the said suicide note. It is contended that ingredients of Section 305 BNS (107 IPC) are not visible in the present case. Learned counsel argues that petitioner has no criminal antecedents and he is in custody since 02.10.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that as per statement of the son of the victim, who is about 10 years, petitioner was harassing the deceased on account of one video but counsel fairly concedes that no such video has been recovered during the course of investigation. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also considering the fact that petitioner has no criminal antecedents and he is in custody since 02.10.2024; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Manish Kumar S/o Kishor Kumar, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five [2025:RJ-JP:6066] (3 of 3) [CRLMB-1607/2025] Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /174