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KULDEEP MATHUR
Narendra Singh S/o Shri Shankar Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No. 88/2024, registered at Police Station Mahila Thana (Barmer), District Barmer, for offences under Sections 85, 108, 115(2) and 238(b) of BNS.
2. As per the prosecution, the complainant-Zorawar Singh filed a typed complaint before the Superintendent of Police Barmer, alleging inter alia that his daughter deceased-Smt. Pushpa was married to the present petitioner on 31.01.2013 and one daughter-Garima @ Jyoti was born after three years of their wedlock. After about a year of her marriage, her husband Narendra Singh (present petitioner), brothers-in-law/Ganpat Singh @ Shaitan Singh, Taneraj Singh, Mang Singh @ Mangal Singh, Sumer Singh, father-in-law/Shankar Singh S/o Bijraj Singh and mother-in-law/Smt. Bhanwari Devi W/o Shankar Singh started harassing her for bringing less dowry and even made her undergo abortions on two occasions. Thereafter, when the complainant questioned their actions, they promised not to repeat the same. In the aforesaid complaint, aspersions have been cast upon the petitioner that he had an extra marital aff
The court emphasized the necessity of a fair investigation and found insufficient evidence to deny bail, allowing the petitioner to be released under specific conditions.
The court upheld the principle that bail should not be denied as pre-trial punishment, emphasizing the presumption of innocence and the need for careful assessment of potential flight risk and witnes....
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
Anticipatory bail should be granted unless compelling reasons exist, particularly for first offenders, emphasizing the balance between personal freedom and investigation rights.
The presumption of innocence, the right to liberty, and the need to secure the presence of the accused for trial were central legal principles established in the judgment.
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