Bail granted based on lack of supporting evidence from prosecution witnesses and absence of criminal history of the applicant.

JUDGMENT :

Raj Beer Singh, J.

1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No. 245 of 2023, under Sections - 498-A, 304-B I.P.C. and Section -3/4 of D.P. Act, Police Station - Shahi, District - Bareilly, with the prayer to enlarge the applicant on bail.

4. It has been argued by learned counsel for applicant that applicant is innocent and he has not committed any offence. The applicant is husband of deceased. The marriage of deceased with applicant has taken place about eight months prior to the incident. Only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including applicant. It was stated that deceased was a short tampered lady and she has committed suicide in fit of rage. In post-mortem report, except ligature mark, no other injury has been shown on the body of deceased and cause of death of deceased is ante-mortem hanging.

5. It is further submitted that during trial, the informant/P.W.-1 Teekaram, who is father of deceased, P.W.-2 Smt. Rajo, who is mother of deceased, and P.W.-3 Ratan Lal, who is brother of deceased, have been examined before the trial court and they have not supported the prosecution version and turned hostile. Referring to statements of aforesaid witnesses, recorded before the trial court, it has been pointed out that they have denied the prosecution version and stated that deceased was a short tampered lady and she may have committed suicide due to that reason. Lastly, it was submitted that applicant is languishing in jail since 08.01.2024, having no criminal history and that in case the applicant, is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

6. Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered death due to hanging within one year of her marriage.

7. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is allowed.

8. Let the applicant - Rajesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

i. The applicant will not tamper with the evidence during trial.

ii. The applicant will not pressurize/intimidate the prosecution witnesses.

iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

9. In case of breach of any of the above conditions, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.