Cr Bail 7077/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench *** Cr. Msc. Bail Appl. No.7077/2007 Sanjay @ Banti Rathore Versus State Date of Order ::: 11/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. DS Jhala, for applicant Mr. RP Kuldeep, Public Prosecutor for State. Heard learned counsel for applicant as well as learned Public Prosecutor and with his assistance, perused material made available on record at the time of arguments. Present applicant is husband of deceased (Sunita). Counsel submits that she was residing at her parents' house for last two months on the date of incident (20/11/06 and even in course of inquiry made U/s 176 CrPC and so also in statements of deceased's father (Narain) recorded U/s 161 & 164 CrPC, it has been stated at all stages that there was no demand of dowry and only fact alleged by him therein for abetting the deceased to commit suicide which was considered for the alleged incident was that applicant and her perents were not interested to continue their matrimonial relations and wanted to settled their dispute as held by panchayat for her separation in lieu of payment of Rs.40,000/-; and no other material has come on which it can be inferred that applicant has abetted deceased to commit suicide – of which charge sheet has been filed against him for offence U/s 306, IPC. Counsel also submits that applicant is Cr Bail 7077/07 //2// in judicial custody; challan has been filed and no investigation is required to be made from him; and the trial may take its own time. Learned Public Prosecutor submits that statements of deceased father has been recorded under pressure in presence of members of the Panchayat; as such no inference at this stage can be drawn and this fact cannot be ignored that marriage of deceased & applicant had been solemnized in February, 2006 and within a short span whereof, she has committed suicide. Taking into consideration all the facts & circumstances, and without expressing any opinion on merits, this Court considers it proper to allow this bail application U/s 439, CrPC. Accordingly applicant (Sanjay @ Banti Rathore) be released on post-arrest bail U/s 439 CrPC in FIR- 51/07 registered at PS Gangdhar (Jhalawar) provided he furnishes personal bond in a sum of Rs.50,000/- (fifty thousand) with two sureties each for Rs.25,000/- to the satisfaction of trial Court for his appearance before that court on subsequent dates of hearing and whenever called upon to do so. (Ajay Rastogi), J. K.Khatri/p.2/7077CrBail07-39.doc