1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6348/2010 Amit Maholia Vs. State Date of order : 27/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Madhav Mitra for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that the alleged offence against the petitioner is u/s.328 and 498A of IPC. There is absolutely no evidence for offence u/s.498A of IPC. Even as per the contents of the FIR, it would appear that the parents of the petitioner were supporting the complainant when she was staying in her in-laws house. Learned counsel submitted that there were strained relationship between petitioner-husband and complainant-wife, owing to which, she consumed poison and blamed the petitioner that it was he, who made her to drink a glass of water having poison. It is contended that the complainant-wife ultimately survived. Investigation is almost complete. Challan has been filed and trial of the case will take long. There is no previous case against the petitioner. He is 2 prepared to keep his wife with himself. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Amit Maholia S/o Surajmal shall be released on bail in F.I.R. No.282/2010, P.S. Harmada, Distt. Jaipur for offence u/s.498-A and 328 of IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/