The court granted bail under Section 483 of the BNSS, emphasizing the need for a balance between the rights of the accused and the gravity of the allegations, with strict conditions imposed to ensure compliance.

ORDER :

1. Rule. Learned APP waives service of Rule on behalf of the Respondent State.

2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11213042240594 of 2024 registered with Padadhri Police Station. Rajkot Rural.

3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the applicant herein happens to be husband of the deceased. The married life of the present applicant and the deceased was of 13 years. There was no issues till 10 years after the marriage. The first son was born after a period of ten years of marriage, who was mentally challenged. Thereafter, the second child was a girl child, therefore the deceased was subjected to mental and physical torture by the present applicant. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge-sheet has been filed. As per the case of prosecution, the present applicant and the deceased got married 13 years prior to the incident. After 10 years of marriage, a son was born out of the said wedlock who was mentally challenged. Thereafter, a second child, a girl child was born around a year back. Since the present applicant did not like the son who was mentally challenged and the birth of a girl child, the present applicant is alleged to have subjected the deceased to mental and physical torture. As per the record of the investigation, it is alleged against the present applicant that when in the month of Shravan, the deceased had gone to her maternal house, she had informed her parents that she was being subjected to mental and physical torture by the present applicant for the aforesaid reasons. Considering the same, the application deserves consideration.

7. This court has considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 21.11.2024.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police