// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3746/2009 {Kulwant Singh Versus The State of Rajasthan} Date of Order ::: 16th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri M.K. Garg, counsel for the petitioner Shri Anees Bhurat, 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 the trial court rejected the bail application of the petitioner only on the basis of dying declaration of the deceased, whereas the statement of PW-2 Prince, PW-3 Sunita, both sisters of the deceased, PW-4 Geeta Devi, mother of the deceased, independent witness Shanti Devi PW-5 were recorded during trial and all were declared hostile; the petitioner is in judicial custody since 18th March, 2009 and conclusion of trial is likely to take some time. He, therefore, contended that in // 2 // the special facts and circumstances of the present case, the bail application of the petitioner be allowed. 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 Kulwant Singh S/o Chhinda Singh be released on bail under Section 439 Cr.P.C. in F.I.R. No. 25/2009, Police Station Mahila Thana, Sri Ganganagar registered under Section(s) 306, 498 A 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 do so. (NARENDRA KUMAR JAIN), J. //DK//