The delay in trial and the absence of likelihood of a prompt conclusion can be considered as grounds for granting bail, without prejudice to the merits of the case.

Bharat Bhushan, J.

Heard learned counsel for accused applicant and learned Additional Government Advocate.

2. Submission is that marriage of deceased Razia was solemnized with applicant Rafiq 11 years prior to the incident. It appears that matrimonial discord erupted after arrival of husband Rafiq from Dubai. It has been further submitted that no ingredients of Section 306 I.P.C. have been demonstrated. Accused applicant is in jail since 14.2.2015.

3. Learned AGA opposed the prayer for bail.

4. Considering the aforesaid submissions of the learned counsel for the parties, taking into account the entire facts and circumstances of the case and the fact that there is no likelihood of conclusion of trial in near future, it would not be appropriate to keep the accused-applicant in jail till the conclusion of trial. Therefore,without prejudice to the merits of the case, I am of the opinion that a fit case for bail is made out.

5. Let the applicant Mohd. Rafiq be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No.170 of 2015, under Section 306 IPC, P.S. Chhawani, district Basti with the following conditions: -

(i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.

(ii) The applicant will not tamper with the witnesses.

(iii)The applicant will not indulge in any illegal activities during the bail period.

6. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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