[2025:RJ-JP:14952] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2270/2025 Rajesh Kumar Bairwa S/o Heeralal Bairwa, Aged About 30 Years, R/o Village Ghata, Tehsil Bassi, Police Station Kanota, Jaipur East. (Present Accused Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jiteshu Chugh & Mr. Rajendra Prasad Gautam For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/04/2025 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.686/2024 registered at Police Station Kanota, District Jaipur City (East) for the offences punishable under Sections 302, 304B & 120B of IPC. Later on, police filed charge-sheet for the offence under Section 304B of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that there is no evidence available on record suggesting the fact that soon before death, deceased was subjected to cruelty by the husband on account of demand of dowry. It is also evident from the charge-sheet that deceased was suffering from epilepsy and in this regard some videos are available on record. This possibility cannot be ruled out that on account of depression, she [2025:RJ-JP:14952] (2 of 3) [CRLMB-2270/2025] committed suicide. Learned counsel contends that cause of death is asphyxia due to ante-mortem hanging and except ligature mark, no visible injury was seen on the person of deceased. It is contended that during investigation, offence under Section 302 of IPC has not been found proved and charge-sheet has been filed only for offence under Section 304B of IPC. It is argued that petitioner is in custody since 04.10.2024. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 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, material made available before me in the form of charge-sheet; offence under Section 302 of IPC was not found proved during the investigation; as well as looking to the custody period 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 - Rajesh Kumar Bairwa S/o Heeralal Bairwa, 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 Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that [2025:RJ-JP:14952] (3 of 3) [CRLMB-2270/2025] 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 observation made herein above 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 /382