// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3481/2009 {Nirmal Trivedi Versus The State of Rajasthan} Date of Order ::: 20th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Mridul Jain, counsel for the petitioner Shri Mahipal Bishnoi, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. It is contended on behalf of the petitioner that initially the F.I.R. was registered under Section 498-A and 406 IPC, but subsequently, the offence under Section 307 IPC was also added. It is further contended that from the F.I.R. itself it is clear that only allegation for offence under Section 307 IPC is that the accused tried to pour kerosene on the daughter of complainant, but no details of month, year, date or place has been given in this regard. The marriage took place in the year // 2 // 2003 and as per contents of F.I.R. Smt. Anita was residing at her father's place for the last 5 years. The co-accused Deepak has been granted anticipatory bail under Section 438 Cr.P.C. by this Court in S.B. Criminal Misc. Bail Application No. 2832/2009; the petitioner is in judicial custody and nothing is to be recovered or investigated from him. The bail application is opposed by the learned PP. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner Nirmal Trivedi S/o Durgashanker Trivedi, be released on bail under Section 439 Cr.P.C., in F.I.R. No. 55/2009, Police Station Chitari, District Dungarpur, registered under Section(s) 498-A, 406, 307 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to // 3 // do so. (NARENDRA KUMAR JAIN), J. //DK//