CRLMB5608/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5608/2010 Kishan Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri S.R. Surana, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that there is no evidence on record to support that the petitioner or any member of his family used to harass deceased Sonu Kanwar for demand of dowry soon before her death. On the contrary, Raghunath Singh, who is father of deceased, in his statement recorded under Section 161 Cr.P.C. has not uttered a single word about any such demand. In his statement and in the statement of Geeta Kanwar, mother of deceased, it has come that the petitioner and his family members requested them for arranging a loan of Rs.70,000/- and they arranged them the loan from one Meharuddin, which was taken for buying a vehicle for employment of the petitioner. Neither there is any statement of neighbour or any other independent witness to support the allegation of demand of dowry or subjecting the deceased to beating. Deceased was already married to some other person and after divorce she got married with the petitioner. The evidence that has been collected by the investigating agency also is to the effect that CRLMB5608/2010 // 2 // the petitioner was not at the residence when the deceased died and that she had visited her parents house on that very same day. The entire case of the prosecution is that she died due to consumption of poison but does not tally so far as the F.S.L. Report is concerned. Challan has already been filed; trial of the case will take a long; there is no other case pending against the petitioner. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Kishan Singh Son of Man Singh on bail under Section 439 Cr.P.C., in FIR No.168/2010, Police Station Kardhani, Jaipur City (South), provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case and in other two pending cases against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//