[2026:RJ-JD:5919]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1478/2026 Kushal Dudi S/o Rugha Ram, Aged About 22 Years, Resident Of Village Aantroli Khurd, Police Station Degana, District Nagaur (At Present Lodged In Parbatsar Jail)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Ms. Sonu Manawat, PP HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

02/02/2026

1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 225/2025 dated 12.12.2025 Police Station Degana, Nagaur, for the offences under Sections 80(2) and 115(2) of the BNS, 2023.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. He further submits that the marriage of the present petitioner was solemnized with the deceased on 18.07.2021. The incident alleged took place on 11.12.2025 wherein the deceased hanged herself. Based on the allegation levelled in the FIR, the petitioner was arrested, however, it is submitted that during the investigation, statements of Smt. Bajju Devi, mother of the deceased; Geeta, sister of the deceased and Kamla who was witness at the time when the door was broken and deceased was found to be hanged were recorded, wherein, there is no allegation of any dowry demand against the petitioner. The only allegation is that deceased wanted to go with the petitioner where he was working, however, due to his economical condition, he did not permit the deceased.

2.1 Learned counsel for the petitioner further refers to the investigation made by the police and submits that in the final investigation also it has nowhere been concluded that there was any cruelty or harassment for demand of dowry nor was there any allegation of physical assault. The petitioner is in judicial custody since 27.12.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application and submits that the petitioner is the principal accused in the present incident and on account of harassment, the deceased has committed suicide.

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

5. Having considered the rival submissions, facts and circumstances of this case and after perusing the challan so also the fact that in the statements of the mother and sister of the deceased, there is no direct allegation of demand of dowry upon the present petitioner and that there was no allegation of any physical harassment or any incident that directly indicate that such overt act of the present petitioner resulted in forcing the deceased to commit suicide, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Kushal Dudi S/o Rugha Ram, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the 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.

(SUNIL BENIWAL),J

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