1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6283/2010 Rajjak Khan @ Abdul Rajjak & Anr. Vs. State Date of order : 21/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manish Gupta for the petitionerd. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Learned counsel for the petitioners at the outset submitted that he does not press the bail application of Rajjak Khan @ Abdul Rajjak. Hence his bail application is rejected. It is further contended by the learned counsel for the petitioner that the statement of witnesses recorded by investigating agency u/s. 161 Cr.P.C. shows that there was dispute between the deceased-wife and the husband Kayyum because he had a doubt about the character of his deceased wife and for which reasons, he used to subject her to beating on certain occasions. In fact, many of the neighbours have stated in their statement u/s. 161 Cr.P.C. that when once he gave her excessive beating, parents of the deceased had taken her back to their house and she returned back with intervention of the other members of the community after about one and half years. Thereafter, also the accused Kayyum, the husband, persisted with his old attitude and again used to beat her and on the fateful day, he put her to death by causing knife blow and 2 then ran away, whereupon petitioner Rasuli raised hue and cry and on hearing that, the other neighbours rushed to their house. This clearly show bona fides of her conduct. Even otherwise, investigation is complete, challan has already been filed and she being a woman, is entitled to protection u/s. 437 of Cr.P.C. Trial of the case is likely to take long. There is no case pending against the petitioner. Learned Public Prosecutor has opposed the bail application. 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 Rasuli W/o Rajjak Khan @ Abdul Rajjak shall be released on bail in F.I.R. No.79/2010, P.S. Udyog Nagar, Distt. Alwar for offence u/s.498A and 304B of IPC read with Section 4/25 of Arms Act on her 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 her 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/