1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Deep Singh Vs. State of Rajasthan S.B.CR. MISC. BAIL APPL. NO.634/2008 DATE OF ORDER :: February 26, 2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.B.S.Rathore, for the petitioner. Mr.J.P.S.Choudhary, P.P. for the State. Mr.Hemant Choudhary, for the first informant. BY THE COURT: Heard learned counsel for the petitioner, Public Prosecutor for the State and the counsel appearing for the first informant. Perused the order impugned and the challan papers. It is contended by learned counsel for the petitioner that the marriage of the deceased was solemnized with petitioner Deep Singh about 25-26 years back and thereafter the deceased started living at her parental house, however, for last 12-13 years, her son Sher Singh brought her and she started living with Sher Singh. Sher Singh is said to have been married. Thus, 2 according to the learned counsel, the deceased used to live with her son Sher Singh and Sher Singh's wife PW.1 Prakash Kanwar. It is further contended that petitioner Deep Singh contracted second marriage with one Shobhagya Kanwar. Petitioner Deep Singh, his second wife Shobhagya Kanwar and Deep Singh's father Prem Singh have been living separately. Learned counsel submits that Sher Singh has not cited witness Prakash Kanwar, with whom, the deceased had been living and she has been examined. In her statement, she has stated that her mother-in- law was mentally unsound, she had been noticing this fact from the day she married with Sher Singh. There is no allegation against the petitioner in the statement of PW.1 Prakash Kanwar, on the contrary, she categorically stated that petitioner Deep Singh had not been harassing the deceased. Keeping in view the evidence available on record more particularly the statement of PW.1 Prakash Kanwar as also the statements of witnesses recorded by the police under section 161 Cr.P.C. viz. Dalpat Singh and others, without commenting on the merit of the case, I consider it just and proper to enlarge the accused petitioner on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Deep Singh 3 s/o Prem Singh be released on bail in CR. No.92/2007, PS. Karda provided he furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR),J. m.asif/-