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.

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-in-law. Learned counsel further submitted that at the time when the deceased committed suicide, the petitioner was out of India in connection with his employment. Learned counsel further submitted that the investigating agency after conducting thorough investigation has not charge-sheeted the father-in-law and the mother-in-law of the deceased against whom the specific allegation of the dowry demand has been levelled. However, the petitioner has falsely been roped in the present case though at the time when the deceased committed suicide, the petitioner was in foreign nation.

4. Lastly, learned counsel for the petitioner submitted that the petitioner in judicial custody; the challan has already been filed against the present petitioner and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that despite being specific allegations levelled against the father-in-law and mother-in-law of the deceased by the witnesses namely Chatraram, Munni Devi and Smt. Gayatri, charge-sheet has not been filed against them by the investigating agency. He was also not in a position to refute the fact that at the time when deceased committed suicide, the petitioner was in a foreign nation in connection with his employment.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner is in judicial custody and the challan has already been filed against the present petitioner. This Court also prima facie finds that the prosecution has not shown any apprehension of petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Shankarlal Meghwal S/o Gomad Ram @ Govind Ram arrested in connection with F.I.R. No.112/2024 registered at Police Station Surpaliya, District Nagaur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.