Bail granted for aged applicant with no criminal antecedents based on prosecution witness testimony.

This is the third bail application filed by Kishorelal Utwal ("applicant") under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023.

The applicant is in judicial custody since September 22, 2025, in connection with Crime No. 437/2025 registered at Police Station-Taal, District-Ratlam (M.P.), for offenses punishable under Sections 80(2), 3(4) of the BNSS, 2023, and Section 3/4 of the Dowry Prohibition Act.

His first bail application was dismissed as withdrawn on October 30, 2025 (M.Cr.C. No. 47062/2025), and his second application was also dismissed as withdrawn on November 25, 2025 (M.Cr.C. No. 54238/2025).

Subsequent to the dismissal of the second application, Brother Akaash (PW-1), Sisters Varsha Pandey (PW-2), and Kanak Sisodia (PW-3) have been examined before the trial Court.

The alleged offense involves the suicide of Meera, the applicant's daughter-in-law, on September 20, 2025, due to alleged harassment over dowry by her husband Gaurav, father-in-law Kishore Utwal (applicant), mother-in-law Rekha Utwal, and sister-in-law Khushi.

The applicant was arrested on September 22, 2025.

1. Whether the applicant, Kishorelal Utwal, should be granted regular bail given the stage of the trial and the examination of material prosecution witnesses?

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, which governs the grant of regular bail.

The principles considered for bail include the gravity of the alleged offense, criminal antecedents of the applicant, flight risk, socio-economic status, likelihood of tampering with evidence, influencing witnesses, and the duration of trial.

The court considered the applicant's arguments that he is falsely implicated, and general, omnibus allegations were leveled against him.

It was noted that the material prosecution witnesses (PW-1, PW-2, and PW-3) have been examined and did not support the accusation.

The applicant has a clean record, family roots, and no history of evading the law.

The court also considered the applicant's age (around 65 years) and profession as a laborer, as well as the fact that he has been in custody since September 22, 2025.

The court found that the contentions advanced by the applicant had prima-facie merit and could not be dismissed as baseless.

The court also noted that there was no likelihood of the applicant fleeing from justice, tampering with evidence, or influencing remaining witnesses, especially since key witnesses had already been examined and no criminal antecedents were reported against him.

The trial is expected to take time to conclude, and continued incarceration would cause hardship.

Therefore, the application for bail was allowed.

The applicant-Kishorelal Utwal shall be released on bail upon furnishing a personal bond of Rs. 50,000/- with one solvent surety of the same amount to the satisfaction of the Trial Court, subject to specific conditions.