1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.3219/2010 Mohd. Fareed Vs. State Date of order : 20/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Abdul Kalam Khan for the petitioner. Shri Amit Punia, P.P. for the State. Shri N.C. Choudhary for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. This application for grant of bail has been filed by petitioner who is accused of offence under Section 498A and 304B of IPC. Contention of the learned counsel for the petitioner is that the only evidence for the alleged offence is that three years before the date of incident, the in-laws of the accused petitioner helped him in purchasing Auto Rickshaw for running his livelihood and gave about Rs.1-1.5 lacs. There is no other evidence whatsoever with regard to demand of dowry soon before the death. It is contended that even as per the statement of the complainant/father of the deceased, the petitioner immediately on that very night i.e. on 24.12.09 at about 1.20 AM informed him about the suicide committed by his wife Ibrana. This shows his natural conduct. The dispute arose because when 2 younger brother of the petitioner got married, petitioner's family gave him constructed house, to which Ibrana objected and out of sheer frustration, she has taken the extreme decision of committing suicide. Petitioner was arrested on 3.1.2010 and since then he is in jail. Father-in-law and mother-in-law of the deceased have already been enlarged on bail by this Court. Challan has been filed. Trial of the case is likely to take long time. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and argued that giving of money to the petitioner for purchase of Auto Rickshaw three years ago should be sufficient to attract the alleged offences. Alternatively, it was argued that the case may even be covered under Section 306 IPC. Learned counsel however could not point out any other statement showing demand of dowry soon before the death. 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 Mohd. Fareed S/o Abdul Hussain shall be released on bail in F.I.R. No.798/09, P.S. Vigyan Nagar, Kota 3 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/