IMPORTANT POINT
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.

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 affair and often used to fight with the deceased-Smt. Pushpa on this count. The deceased-Smt. Pushpa was harassed and often beaten by the present petitioner and his family members in pursuance of demand of dowry.

3. It has further been alleged in the complaint that on 19.07.2024, at about 12:00 noon, the aforesaid family members of the deceased-Smt. Pushpa tied her up, beat her and caused injuries to her neck. Thereafter, assuming her to have died, in order to destroy the evidence of their crime, poured flammable substance over her face and body and set her to fire. As per the complainant, the accused persons, with an intention to destroy the evidence and to mask the case as a suicide, instead of taking her straight to the Government Hospital at Barmer, with an excuse to take her to a private hospital i.e. Goyal Hospital at Jodhpur kept taking rounds for about 5-7 hours and thereafter only at 1:00 am in the night brought her to the Government Hospital, Barmer where the doctors declared her dead. It has further been alleged that even then, they did not inform the complainant party of the aforementioned events and the news of the death of his daughter came to him through third persons only on the next day of the incident i.e. on 20.07.2024. The complainant in the complaint has further stated that on 20.07.2024, he along with his elder brother went to the Mortuary at Government Hospital, Barmer where they saw various injuries upon the neck and other parts of body of the deceased-Smt. Pushpa, however, her hair, chest and her clothes were not completely burnt. He has thus alleged that the petitioner along with his family killed his daughter-Smt. Pushpa on account of demand of dowry and to undergo a second marriage and since the father-in-law of the deceased Smt. Pushpa is a retired police officer, a clear case of murder has been converted to that of suicide. On the basis of the aforesaid complaint, the present FIR was lodged and after making investigation in the matter, the investigating agency has filed a challan on 27.09.2024.

4. Learned counsel for the petitioner-Shri Pradeep Shah submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the investigation in the matter has already been concluded and the challan has already been filed by the investigating agency against the petitioner for the offences punishable under sections 85, 108, 115(2) and 238(b) of BNS. Drawing attention of the Court towards the charge-sheet, learned counsel submitted that the investigating agency after conducting a thorough investigation in matter has not found any direct or corroborative evidence with respect to demand of dowry. It was urged that the family members of the petitioner have not even been charge-sheeted as accused in