[2026:RJ-JD:16725]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3^rd Bail Application No. 13656/2025 Dinesh S/o Havji, Aged About 19 Years, Resident Of Vikasaur, Police Station Dovda, District Dungarpur. (Presently Lodged In Dist. Jail Dungarpur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bharat Shrimali For Respondent(s) : Mr. Narendra Singh Gehlot, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

09/04/2026 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.142/2024 registered at Police Station Dovda, District Dungarpur, for the offences under Sections 498-A of 304-B 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 the marriage of the petitioner was solemnized with the deceased, Khushbu. It was submitted that within two years of the marriage, the deceased committed suicide by hanging. Learned counsel further submitted that the deceased was never harassed or subjected to cruelty by the petitioner in connection with any demand for dowry.

Drawing the attention of this Court to the statements of Ramlal (PW-01), father of the deceased, and Rahul (PW-04), brother of the deceased, learned counsel submitted that both witnesses have failed to provide any specific evidence regarding demand of dowry or cruelty “soon before the death” of the deceased. It was contended that mere suicide within two years of marriage is not sufficient to establish that the deceased was harassed or subjected to cruelty in connection with dowry demand.

Lastly, learned counsel submitted that the petitioner, aged about 20 years, has been in judicial custody since 24.05.2024. The statements of the material prosecution witnesses have already been recorded before the competent criminal court, and the trial is likely to take considerable time. Therefore, it was prayed that the benefit of bail be granted to the accused-

petitioner.

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

Having considered the rival submissions and the facts and circumstances of the case, this Court prima facie finds that although PW-01, in his court statement, has alleged that the petitioner demanded a motorcycle from his wife, he has failed to provide any specific particulars in that regard. Both PW-01 and PW-04 have not furnished any specific details or cogent evidence linking the death of the deceased, Khushbu, to any demand for dowry. The allegations in this regard appear to be general in nature. This Court finds merit in the submission of learned counsel for the petitioner that mere suicide or death in the matrimonial home within two years of marriage, in the absence of credible evidence, is not sufficient to sustain a charge or conviction in connection with dowry demand.

It is also pertinent to note that the statements of the material prosecution witnesses have already been recorded before the competent criminal court, and the learned Public Prosecutor has not expressed any apprehension that the petitioner may influence the remaining witnesses or abscond, in the event he is enlarged on bail. Thus, without expressing any opinion on the merits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the third bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Dinesh S/o Havji arrested in connection with F.I.R. No.142/2024 registered at Police Station Dovda, District Dungarpur, 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.

It is however, made cle