The court grants bail under exceptional circumstances, considering the completion of investigation and the petitioner's familial obligations.

ORDER

Order No. 30.05.2025

01. 1. This matter is taken up through hybrid mode.

2. This bail application under Section 439 of the Cr.P.C., 1973 of the petitioner has arisen out of S.T. Case No.17 of 2025 in connection with C.T. Case No.28 of 2022 corresponding to Jaleswar P.S. Case No.23 of 2022, pending in the Court of learned Addl. District Judge, Jaleswar.

3. Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.

4. The petitioner has been charge-sheeted under Sections 498-A, 304-B, 302 of IPC read with Section 34 of IPC and Section 4 of the D.P. Act on the allegation of commission of murder of his wife on dated 23.01.2022 administering poison into her mouth being associated with his mother.

5. Learned counsel for the petitioner submitted for liberal consideration of bail of the petitioner contending that, co-accused of the petitioner, i.e., his mother has already been allowed to go on bail and he (petitioner) is in jail custody since 12.11.2024 and in the meantime, police has already submitted charge sheet on dated 07.03.2025 against him (petitioner) and his mother after completing investigation of the case.

6. Learned Addl. Standing Counsel vehemently objected to the prayer for bail of the petitioner contending that, after the alleged incident, the petitioner absconded, for which, the police could not able to arrest him, but, subsequently, he (petitioner) was arrested on dated 12.11.2024 and since then, he (petitioner) is in custody and as such, when, he (petitioner) has committed murder of his wife administering poison in her mouth, for which, in this heinous nature of allegation, he (petitioner) should not be allowed to go on bail. Therefore, the application of the petitioner cannot be considered liberally.

7. When it is forthcoming from the materials on record that, the co- accused of the petitioner i.e. his mother, who has been implicated with similar accusations and allegations like the petitioner has already been allowed to go on bail and when the petitioner is in custody since 12.11.2024 and when during staying of the petitioner inside the jail, the investigation of the case has already been completed and when the presence of the petitioner before the investigating officer is no more required due to completion of investigation and when the petitioner has a minor female child, aged about 04 years being born from his deceased wife and staying with the mother of the petitioner and when there is no male member in his family except him (petitioner) to look after his minor female child properly and when the main object of the bail is to secure the attendance of the accused during trial and when the permanent house of the petitioner is under the jurisdiction of the trial Court and when the presence of the petitioner during trial is not unsecured, then at this juncture by taking the above factors into account, I find no justification to disallow the prayer for bail of the petitioner.

8. Hence, the bail application filed by the petitioner is allowed.

9. He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with conditions that:-

(i) he (petitioner) shall not involve with similar nature of crime in future;

(ii) he (petitioner) shall appear before the Trial Court personally on each date of adjournment of the case without fail;

(iii) he shall not terrorize, coerce, influence or threat any witnesses of the prosecution including informant and his family members either directly or indirectly in any manner whatsoever during trial of the case, But, in case of his failure to comply any of the aforesaid conditions, the learned trial court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission for the same