Mohammad Rafiq, J. - (1.) HEARD learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
(2.) CONTENTION of learned Counsel for Petitioner is that there was a matrimonial dispute between Petitioner and deceased for offence under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which was filed at the instance of deceased. Deceased was married to Petitioner in 1996. She was residing separately with her parents for last two -and -a -half -year. It was clearly stated by her brother Ashok, father Hajari Lal and mother Kamla Devi in their statements recorded under Section 174 Code of Criminal Procedure that deceased was patient of depression and was under treatment. There was no cause of immediate abetment , although unfortunately deceased overacted to the family life and took extreme step of committing suicide by putting herself on fire. Petitioner was arrested on 03.03.2011 and since then he is in jail. Challan has been filed. There is no other criminal case ever registered against the Petitioner. Learned Public Prosecutor opposed the bail application.
(3.) 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 allow this bail application. It is therefore ordered that accused -Petitioner, namely, Gordhan Khinchi Son of Shanti Lal, Resident of House No. A -214, Mandi Khatikan, near Delhi Bypass, Ramganj, Police Station Ramganj, Jaipur (presently confined in Central Jail, Jaipur) be released on bail under Section 439 Code of Criminal Procedure, in FIR No. 45/2011, Police Station Galta Gate, Jaipur, under Section 306 IPC, provided he furnishes a personal bond in the sum of Rs. 50,000/ - with two sureties of Rs. 25000/ - 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.;