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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
SHAKARLAL MEGHWAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
I.A. No.01/2025
1. For the reasons mentioned in the application, the same is allowed.
2. The amended cause title annexed with the application (I.A. No.01/2025) is ordered to be taken on record.
S.B. Criminal Misc. Bail Application No. 1767/2025
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.112/2024 registered at Police Station Surpaliya, District Nagaur, for offences under Sections 85 and 80(2) of BNS.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of this Court towards the FIR and the statements of the father of the deceased – Chatraram, mother of the deceased – Munni Devi and the sister of the deceased – Smt. Gayatri recorded under Section 161 of Cr.P.C., learned counsel for the petitioner submitted that these witnesses in their statements have levelled the specific allegation of deceased being harassed and humiliated in connection with the dowry demand against her father-in-law and mother
Bail can be granted when the accused is not present during the alleged crime, and no charges are filed against co-accused despite specific allegations.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The court granted bail to the accused in a dowry death case, citing insufficient evidence and the prolonged trial process as justifications.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
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