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2025 DAILYLAW 7023 (RAJ)

BHARAT KUMAR SHARMA S/O LT. SH. RADHESHYAM SHARMA v. STATE OF RAJASTHAN

CRLMB/2214/2025 · 2025-02-28

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:8916] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2214/2025 Bharat Kumar Sharma S/o Lt. Sh. Radheshyam Sharma, Aged About 36 Years, R/o Jamaat, Kasba Udaipurwati, Police Station Udaipurwati, Dist. Jhunjhunu, Raj. (Presently Confined In District Jail, Jhunjhunu) ----Petitioner Versus State Of Rajasthan, Through Its PP ----Respondent For Petitioner(s) : Mr. Nikhil Saini For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/02/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.355/2024 registered at Police Station Udaipurwati, District Neem Ka Thana for the offence(s) under Sections 85 and 103(1) of BNS. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is alleged against the accused-petitioner that he abetted her wife to commit suicide though there was no such suicidal note left by the deceased. It is also contended that the accused-petitioner was married to the deceased in the year 2011. On 09.10.2024, the deceased committed suicide by hanging herself. In the post- mortem report, the cause of death is aspyxia due to ante-mortem [2025:RJ-JP:8916] (2 of 3) [CRLMB-2214/2025] hanging. There is no such evidence available on record that soon before the death of the deceased, the accused-petitioner harassed or abetted her which resulted into committing suicide by the deceased. It is also contended that the deceased was suffering from mental ailment and she was being treated at different hospitals. Learned counsel for the accused-petitioner has placed on record various prescriptions. It is also contended that the accused-petitioner is in custody since 18.11.2024 and trial of the case may take considerable time. There are no criminal antecedents against the accused-petitioner except one case which was registered under Sections 279 and 338 of IPC, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that there is no suicidal note left by the deceased, and that the medical history of the deceased placed before the Court shows that the deceased was suffering from mental ailment and she was under continuous medical supervision, therefore, considering the above facts and without going into merits and also taking into note that the accused- petitioner is in custody since long and trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Bharat Kumar Sharma S/o Lt. Sh. Radheshyam Sharma, in [2025:RJ-JP:8916] (3 of 3) [CRLMB-2214/2025] connection with FIR No.355/2024 registered at Police Station Udaipurwati, District Neem Ka Thana, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/275