[2026:RJ-JD:2243]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3^rd Bail Application No. 14623/2025 Mustak S/o Shri Bhanwar Lal, Aged About 24 Years, Resident Of Near Bijali Ghar, Chotala, Police Station Sadar Dabwali, District Sirsa, Haryana Presently Renant Of Binder Singh S/0 Swran Singh, Ward No.26, Godara Basti, Sangaria, Police Station Sangaria, District Hanumangarh . (Presently Lodged In Dist. Jail, Hanumangarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Devendra Singh Thind For Respondent(s) : Mr. Lalit Kishore Sen, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/01/2026 This third application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.278/2024 registered at Police Station Sangaria, District Hanumangarh, for the offences under Sections 304-B and

498-A of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that, as per the prosecution case, the deceased Tanu committed suicide by hanging herself allegedly due to physical torture inflicted upon her by her husband, who is the present petitioner. It was contended that the petitioner has been falsely implicated in the present case.

Drawing the attention of the Court to the challan papers, learned counsel submitted that during the course of investigation it was found that on the date of the alleged incident, the petitioner had taken his wife, i.e. the deceased, to a hospital for medical check-up. After the check-up, the deceased left the hospital without informing the petitioner. The petitioner thereafter searched for her and found her proceeding towards Sangaria. On noticing the same, the petitioner, being annoyed, slapped the deceased in a moment of anger. It was submitted that the deceased got perturbed and, in a fit of rage, took the extreme step of ending her life by hanging herself.

Learned counsel further submitted that the statements of the material prosecution witnesses, including the complainant as well as Dr. Bhupendra (PW-04) and Dr. Arvind Sharma (PW-03), have already been recorded before the competent criminal Court. PW- 03 and PW-04, who conducted the post-mortem of the deceased, have categorically stated in their Court statements that except for ligature marks around the neck, no other injuries were found on the body of the deceased. It was contended that since the statements of the material prosecution witnesses have already been recorded before the competent Criminal Court, there is no apprehension of the petitioner influencing the remaining prosecution witnesses or tampering with the evidence in case he is enlarged on bail.

Lastly, learned counsel submitted that the petitioner is in judicial custody and that the trial of the case is likely to take a considerable time for its conclusion. On these grounds, it was prayed that the petitioner be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions and the facts and circumstances of the case, this Court prima facie finds that the deceased committed suicide within a few months of her marriage with the petitioner. This Court also finds that in view of the investigation carried out by the police, the issue as to whether the deceased committed suicide due to misbehavior of the petitioner or on account of alleged continuous physical torture, is a matter to be determined by the learned trial Court on the basis of the evidence led during the course of trial. At this stage, this Court cannot ignore the statements of PW-03 and PW-04 recorded before the competent criminal Court, wherein they have clearly stated that except for the ligature marks around the neck of the deceased, no other injury was found on her body. Thus, without expressing any opinion on merits/demerits of the case, th