Citation : 2026 Latest Caselaw 2427 Raj
Judgement Date : 13 February, 2026
[2026:RJ-JD:7882]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13047/2025
Sohan Lal S/o Nand Lal, Aged About 31 Years, R/o Dhareshwar,
P.s. Kanera, District Chittorgarh (At Present Lodged At Sub Jail
Nimbahera, Dist. Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Abhishek Charan.
For Respondent(s) : Mr. Hanuman Prajapat, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
Conclusion of Arguments & Reserved on : 11/02/2026 Pronounced on : 13/02/2026
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.2/2025 dated 06.01.2025, Police Station Kanera,
District Chittorgarh for the offence under Section 80(2) of BNS-
2023. After filing challan, offences under Sections 85 and 103(1)
of BNS have been added.
2. Learned counsel for the petitioner submitted that petitioner
has been falsely implicated in the present case based on
circumstantial evidence. As a matter of fact, he was not present at
the time when petitioner's wife committed suicide. However,
merely considering the fact that petitioner's wife committed
suicide within one year of marriage and false allegation of dowry
demand, the petitioner has been implicated in the present case.
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Learned counsel for the petitioner, while referring to the statement
of PW-4, deceased's brother, who stated that there is no custom of
taking dowry in their community, submitted that the allegation of
dowry demand by the present petitioner becomes highly doubtful.
2.1 Learned counsel for the petitioner further referred to the
statement of PW-8 Bhooralal, who stated that petitioner was in his
agriculture field on the date of incident. He also referred to the
statement of PW-10 Brajesh Singh, witness to the arrest
proceedings of the petitioner, who stated that he has not noticed
any injury or abrasion, which could in any manner connect the
present petitioner in committing the crime.
2.2 As a matter of fact, the petitioner himself surrendered before
the police. This fact also indicates that the petitioner never
attempted to flee from the place of the incident or at a later stage.
He also submitted that the cause of injury has been reported to be
strangulation by using a blanket, which is highly improbable,
considering its size, that the petitioner could have strangulated
the deceased with a blanket. The petitioner is in judicial custody
since 06.01.2025.
Based on the above submissions, learned counsel for the
petitioner submitted that the petitioner deserves to be enlarged on
bail.
3. Per contra, learned Public Prosecutor vehemently opposed
this bail application and submitted that the petitioner is the sole
accused in the present crime. The incident has occurred within one
year of marriage; petitioner & his wife alone were separately
residing; and there is specific allegation of dowry demand levelled
by the parents of the deceased. The investigating agency after
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[2026:RJ-JD:7882] (3 of 3) [CRLMB-13047/2025]
thorough investigation has concluded that it is the petitioner, who
has strangulated the deceased. He also submitted that out of 21
witnesses, 12 witnesses have already been examined in short
span of time, which further indicates that the trial is proceeding
with full speed. Therefore, the petitioner may not be enlarged on
bail.
4. Having considered the rival submissions made by the parties
so also the charge-sheet and considering the statements recorded
so far and considering the fact that the petitioner is sole accused
so also out of 21 witnesses, 12 witnesses have already been
examined, which further indicates that the trial is also being
conducted at a reasonably good pace, this Court is not inclined to
enlarge the petitioner on bail at this stage.
5. Accordingly, the bail application is dismissed.
(SUNIL BENIWAL),J Rmathur/-
(Uploaded on 13/02/2026 at 01:28:43 PM)
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