Bail can be granted when allegations are general and the accused's personal circumstances warrant sympathetic consideration.

ORDER :

(KULDEEP MATHUR, J.)

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.111/2024 registered at Police Station Phalsund, District Jaisalmer for the offences under Sections 80(2), 85 and 3(5) of BNS.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that as per the prosecution, deceased within six months of her marriage with the co-accused- Girwarram committed suicide in her matrimonial house by hanging herself.

4. This Court prima facie finds that initially in the FIR dated 23.11.2024 lodged by the complainant Rugaram, the allegations of deceased being subjected to harassment in connection with dowry demand were levelled against her mother-in-law, brother- in-law and husband i.e. co-accused- Girwarram. The Investigating Agency after making investigation in connection with the FIR dated 23.11.2024 has filed challan against the present petitioner i.e. sister-in-law of the deceased and the co-accused- Girwarram.

5. On a careful perusal of the statements of Rugaram, Tejaram, Pappu Devi and Hamtaram, this Court prima facie finds that the allegation of dowry demand against the present petitioner are general in nature and no specific allegations have been levelled against her. As noticed above, the petitioner was not even named in the FIR. Further, the petitioner, who is aged about 26 years, is a mother of minor children who are totally dependent on her. Thus, keeping in view the fact that omnibus allegations of dowry demand have been levelled against the present petitioner and the petitioner is a woman who requires a sympathetic consideration for bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

6. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner Bhanwari Devi W/o Shri Kanaram arrested in connection with F.I.R. No.111/2024 registered at Police Station Phalsund, District Jaisalmer shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for her appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.