The severity of the accusations, specific and direct allegations of cruelty and harassment, and potential punishment are key factors in determining bail eligibility in cases involving serious offences.

ORDER :

1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.398/2020 registered at Police Station Nokha, District Bikaner, for offences under Sections 498A/34, 406, 406/34, 304B, 304B/34, 302, 302/34 IPC.

2. Learned counsel for the petitioner submitted that the petitioner is the husband of deceased Renu. Learned counsel submitted that as per prosecution, the marriage of the deceased Renu was solemnised with the petitioner on 25.11.2017 and at the time of marriage, sufficient dowry/stridhan was given by the complainant to the in-laws of the deceased. Learned counsel submitted that as per prosecution, the in-laws of the deceased continuously harassed the deceased physically and mentally. It was submitted that as per prosecution, owing to bad ill treatment at the hands of in-laws, the deceased returned to her parental house. Thus, the mediation proceedings as per social customs took place between the parties and as a result thereof, the deceased went back to her matrimonial house. Learned counsel submitted that as per prosecution, on the date of alleged incident i.e. 12.10.2020, the deceased made a call to her mother informing her that she is being beaten by her in-laws, in connection with dowry demand. Later, on the same day, they came to know that the deceased has been thrown in the water tank by her in-laws.

3. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 13.10.2020. It was urged that there is no specific allegation against the present petitioner and only omnibus allegations have been levelled against the petitioner and his family members, by the complainant. It was submitted that co-accused (father of the petitioner), Hans Raj has already been enlarged on bail, by the co-ordinate Bench of this Court vide order dated 15.11.2021. Learned counsel submitted that a perusal of the FIR would reveal that case of the present petitioner is not distinguishable from that of co-accused person, who has been enlarged on bail.

4. Learned counsel submitted that on the date of alleged incident, the petitioner was not present at his house as he had gone to Bikaner to appear in B.Ed. II year Examination. Drawing attention of the Court towards the CDR Analysis attached with the challan papers by the investigating agency, learned counsel submitted that on the date of incident, the deceased made two mobile calls to her husband i.e. present petitioner. It was submitted that had the deceased had any complaints with the present petitioner, she would not have made calls to the petitioner on the date of alleged incident.

5. Learned counsel further urged that the petitioner is in judicial custody since 13.10.2020, however, despite repeated summons by the competent criminal court, the witness of the prosecution are not turning up for recording of their statements. Learned counsel submitted that the prolonged period of custody suffered by the petitioner needs to be considered by this Court, as there is no possibility of an early disposal of the trial, particularly when the prosecution witnesses are not turning up for recording of their testimonies.

6. On these grounds, learned counsel prayed that the petitioner may be enlarged on bail.

7. Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application and submitted that looking to seriousness of the accusations against the present petitioner and gravity of the offences, the petitioner does not deserves to be enlarged on bail.

8. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

9. The order dated 15.11.2021 passed by co-ordinate Bench of this Court while granting bail to co-accused Hans Raj is reproduced below for ready reference:-

“The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been