1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.2930/2010 Shyam Sunder @ Shyam Vs. State Date of order : 19/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajesh Sharma for the petitioner. Shri Amit Punia, P.P. for the State. Shri Kartar Singh for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for complainant and perused the relevant documents placed before me. Learned counsel for the petitioner has argued that petitioner has been implicated as accused in the present case only because he happens to be elder brother of the husband of deceased and that he has married to elder sister of the deceased. It is contended that entire evidence of causing cruelty and demand of dowry is against the husband and father-in-law and mother-in-law of the deceased and there is general allegation against the petitioner that he too was responsible for demand of dowry, whereas the fact is that petitioner had separated from the rest of the family much before the date of incident and thereafter a son was born to his wife out of the wedlock of their marriage. The petitioner was arrested on 14.2.2010 and since then he is in jail. Challan has already been filed and 2 trial of the case of likely to take long time. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and argued that bail may not be granted to the accused- petitioner because mother-in-law of deceased is absconding and that petitioner is implicated as accused as per the evidence collected by the prosecution. 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 Shyam Sunder @ Shyam S/o Sohan Lal shall be released on bail in F.I.R. No.875/2009, P.S. Deeg, Bharatpur 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/