Rahul Rajak vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is the third application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to Crime No.456/2025 registered at Police Station - Ranjhi District Jabalpur (M.P.) for the offence punishable under Sections 80(2),85, 3(5) of BNS, 2023. The applicant is in custody since 23/06/2025. His earlier two applications were dismissed as withdrawn and not pressed.

As per the prosecution story, the allegations against the applicant/ husband, alongwith co-accused persons has tortured the deceased and demanded the dowry and the deceased was subjected to cruelty on account of demand of dowry, therefore, the deceased committed suicide. F.I.R was registered.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He is behind bar since 23.06.2025. It is submitted that out of total 19 witnesses, not even a single witnesses has been examined. It is further submitted that the brother of the applicant is also expired as his body was found on the railway track and after death last rituals will be held on 26.02.2026; and his father is aged about 80 years and there is no other male member to look after the family. No demand of dowry was ever made by the applicant. It is submitted that deceased was rude and adamant in nature as she was making force over the applicant to take her in the marriage of her cousin brother but when applicant refused to take her, she committed suicide. There is no other material which directly connects the present applicant with the crime except the statement of the near relatives by making general allegations. He is behind bar since 08 months. It is submitted that ingredients of section 107 of IPC are not satisfied. Trial of the case will take its time to conclude. Co-accused persons have been released on bail by this Hon'ble Court. Therefore, it is prayed that considering the aforesaid aspect, applicant may be released on bail.

Learned counsel for the State has strongly opposed the application and submitted statements of family members and near relatives have been recorded and they have alleged against the applicant. There was no repeated quarrel between the parties. Death has been occurred within seven years of marriage and, therefore, applicant may not be released on bail.

Heard the submissions and perused the case diary.

Prima facie from the statements of witnesses it transpires that the allegations against the applicant are general in nature. The incident took place due to refusal of the applicant to take the deceased alongwith him to attend the marriage of brother-in-law of the applicant. Considering the fact that charge sheet is filed and applicant is behind the bar since June, 2025 and not even a single witnesses has yet been examined so far, trial of the case will take time, except one case under gambling Act, there are no other criminal antecedents of the applicant, therefore, considering the totality of the facts and circumstances of the case but without expressing any opinion on merits of the matter, the application is allowed by imposing certain conditions, namely,: that the applicant shall not leave geographical limit of Madhya Pradesh State without prior permission of the Court; he also mark his presence on every third Sunday of the each month before the concerning police station till the final decision of the case by the trial court; and it is also open to the investigating agency to take further recourse available under the law to safeguard the interest of the complainant in appropriate manner..

It is directed that the applicant shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. In case, if the applicant is found indulging in similar offences, then this order granting bail to the applicant shall stand cancelled. The applicant will also strictly comply the conditions mentioned in above mentioned para No.6.

The applicant shall comply with the provisions of Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Certified copy as per rules.