MURARI LAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. cancellation of bail application under Sec. 483 (3) of BNSS has been preferred on behalf of the complainant against the order dtd. 23/10/2024 passed by Additional Sessions Judge, Shrimadhopur, Rajasthan, whereby, bail application of the accused-respondent No.2 was allowed.

(2.) Learned counsel for the complainant-petitioner submits that the bail application of respondent No.2 was wrongly allowed. It is specifically mentioned in the suicidal note of the deceased that the petitioner in pretext of marriage established sexual relationship with her and thereafter, deceited the deceased. Learned Court below did not consider the suicidal note, the suicidal note itself is indicated to the fact that the petitioner instigated the deceased to commit suicide. It is also contended that on behalf of the petitioner advocate appeared before the Court below but the Court below did not give opportunity to advocate of petitioner to oppose the bail application.

(3.) Learned counsel for the petitioner places reliance on the judgment of Hon'ble Apex Court in Jagjeet Singh and Ors. vs. Ashish Mishra @ Monu & Anr. passed in Criminal Appeal No. 632 of 2022, whereby the Hon'ble Apex Court in unequivable terms held that victim has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision. The bail application shall be decided on merits and after giving adequate opportunity of hearing to the victims as well. Therefore, the bail granted to the respondent No.2 deserves dismissal.