// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3744/2009 {Kanji 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 Shri Parikshit Nayak, counsel for the complainant #### By the Court: Heard learned counsel for the petitioner(s), learned counsel for the complainant, 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 petitioner is in judicial custody since 24th April, 2009; investigation is complete and challan has been filed. He referred the statement of Shri Soma, father of the deceased and contended that he specifically alleged about demand of dowry and beating to deceased against Natwar Lal, husband of the deceased, whereas the present petitioner is father-in-law of the deceased,therefore, case of // 2 // present petitioner is distinguishable from the case of Natwar Lal, husband of the deceased and bail application of present petitioner be allowed. The bail application is opposed by the learned PP as well as learned counsel for the complainant. From the statement of Soma, father of the deceased, it is clear that a specific name of Natwar Lal has been taken about demand of dowry and beating on the person of the deceased and not of the present petitioner and I find that case of present petitioner is distinguishable from the case of co-accused Natwar Lal, husband of the deceased. 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 Kan Ji S/o Wal Ji be released on bail under Section 439 Cr.P.C., in F.I.R. No. 110/2009, Police Station Gaddi, District Banswara registered under Section(s) 304 B, 498 A IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five // 3 // 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//