The court considered the specific allegations of dowry demand, ill treatment, and criminal acts in the context of the bail applications, leading to the rejection of the main accused's bail application and the allowance of the minors' bail application.

JITENDRA RAY GOYAL, J.

( 1 ) HEARD learned counsel for accused petitioners as well as complainant, learned public Prosecutor for the state, perused the case diary and other material produced during the course of arguments.

( 2 ) LEARNED counsel for accused petitioners contended that the accused petitioners have falsely been implicated in this matter with the conspiracy and at the instance of Mehboob Ali Rangrej who is brother of Barkat Bano. It is also submitted that Barkat Bano was sick and the accused petitioners were always taking care of her treatment, she was regularly being treated by the doctor of government dispensary at Khachariwas and thereafter she was brought to Jaipur for treatment. It is also submitted that Sonu is 15 years boy and Shamim is 12 years girl, they have also been implicated just to harass the entire family.

( 3 ) LEARNED public Prosecutor and counsel appearing for the complainant ve-hemently opposed the bail application and contended that the accused petitioners are of criminal background, earlier also they tortured Barkat Bano who is wedded wife of accused petitioner Salim for which FIR was lodged and on the compromise by the accused petitioner Salim that he will not repeat such type of acts in future Barkat bano again came to live with him and other relatives but again she was badly tortured, beaten up and was compelled to drink some poisonous material for which she was later on treated in bad condition at the instance of her brother and father in SMS hospital, jaipur and further she was operated for the injury at her breast caused by the accused by the accused petitioners.

( 4 ) I have considered the rival submissions made at the bar. Without making any observations on merits, having considered the nature of accusation, material on record, all other facts and circumstances and keeping in view that mainly allegations have been levelled against the accused petitioners Salim, Kamruddin and smt. Jubeda, who are husband. Father in law and mother-in-law of Barkat Bano for demanding the dowry, ill treatment, merciless beatings and other criminal acts. I do not deem it proper to give them the benefit of pre-arrest bail but the accused petitioners Sonu and Shamim who are said to be minors and no specific allegation of demand of dowry has been levelled against them, I deem it proper to give the benefit of pre-arrest bail to them.

( 5 ) IN the result, the bail application of Salim, Kamruddin and Smt. Jubeda is rejected and that of Sonu and Shamim is allowed and it is directed that in the event of arrest of petitioners Sonu S/o kamruddin and Shamim D/o Kamruddin, they shall be released on bail by the concerned sho/ Investigating officer in FIR no. 94/2006 registered at Police Station dataramgarh, District Sikar provided each of them furnishes a personal bond in the sum of Rs. 10,000/- together with two sureties each in the sum of Rs. 5,000/- to his satisfaction on the following conditions:-1. that the petitioners shall make themselves available for interrogation by a police officer as and when required. 2. that the petitioners shall not directly. or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer: and 3. that the petitioners shall not leave India without previous permission of the court. Order accordingly.