[2025:RJ-JD:20969]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 2665/2025 Unkarlal @ Okaarlal S/o Daalchand, Aged About 29 Years, R/o Rasulpura, P.s. Sadar Nimbahera, Dist Chittorgarh (Raj)

(At Present Lodged At Sub Jail Nimbahera)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Narendra Gehlot, PP with Mr. Omprakash Choudhary HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02 / 05 /2025

1. This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.368/2023 registered at Police Station Sadar Nimbahera, Dist. Chittorgarh, for the offences under Sections 498-

A and 304-B of IPC.

2. As per the prosecution, Nata marriage of the deceased Heerabai was solemnized with the present petitioner about four months prior to her death in matrimonial home. In the said Nata marriage, the petitioner gave one gold Mandaliya, gold anklets and a sum of Rs.3 lakhs. On 12.09.2023, the family members of the deceased received a call from the petitioner telling them to take away the deceased and return his money and jewelry. However, when the family members of the deceased asked the petitioner that they will be coming next morning to meet him, he disconnected the call. On the next day, the petitioner made a call to Pappu Lal - brother of the deceased, informing that his sister has died.

3. Upon receiving this information, when the family members of the deceased reached the house of the petitioner, they found her lying dead on the cot. There were injuries on her body. Upon insistence of the family members of the deceased, when her post mortem was conducted at the Government Hospital, certain external injuries were noticed on her body. Further, the three members of the Medical Board in their post mortem report mentioned that the deceased had died due to ante mortem pressure over neck and possibility of manual strangulation cannot be denied.

4. This Court, upon careful perusal of the case file and the statements of the complainant- Dinesh (PW-01) and Kalu Ji i.e. father of the deceased (PW-02) finds that both the material prosecution witnesses have supported the prosecution story before the competent criminal Court. This Court further prima facie finds that the deceased died in unnatural circumstances in her matrimonial home within four months of her Nata marriage. The post mortem report prima facie discloses the cause of death to be ante mortem pressure over neck so also the possibility of manual strangulation has not been ruled out in the post mortem report.

5. This Court, looking to the nature and gravity of the accusations levelled against the present petitioner, is not inclined to enlarge him on bail at this stage.

6. Consequently, the present second bail application under Section 483 BNSS filed on behalf of the petitioner is rejected.

(KULDEEP MATHUR),J

271-divya/-