An accused can be granted bail if the main prosecution witnesses do not support the charges, indicating a lack of evidence.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

8 31-01-2026 Ld. counsel for the appellant is pressing the prayer for suspending the execution of sentence and release of the appellant on bail during pendency of the appeal. The said prayer has been made as a part of memo of appeal.

2. I heard learned counsel for the Appellant and learned APP for the State.

3. The appellant has been convicted under Sections and Sentenced to R.I. for ten years for offence punishable under Section 304B and R.I. for two years under Section 201 read accused have also been acquitted of all the charges.

4. Learned counsel for the appellant submits that the impugned judgment of conviction and order of sentence is not sustainable in the eye of law, in view of the fact that the mother of the alleged victim who was informant and examined as P.W.- 5 has not supported the prosecution case at all. She has been declared hostile. Even, after cross-examination by the prosecution, nothing incriminating has been procured by it in support of its case against the appellant. Even sister/P.W.-3 and brother-in-law/P.W.4 have not supported the prosecution case against the appellant. P.W.-4/brother-in-law has been also declared hostile. As per P.Ws. 3, 4 and 5, relationship between the victim and her husband, who is appellant herein, was good and there was no demand of any dowry and hence, there is no question of causing any dowry death to the victim. As such the impugned judgment of conviction and order of sentence is perverse and not maintainable.

5. However, Ld. APP for the State contests the prayer of the Appellant for bail during pendency of the appeal submitting that there is no error or infirmity in the impugned judgment of conviction and order of sentence and hence, in view of heinous nature of the offence committed by the appellant, he should not be enlarge on bail during pendency of the appeal.

6. I considered the submissions advanced by both the parties and perused the material on record.

7. I find that the informant who is mother of the victim (P.W.5) and her brother-in-law (P.W.4) and sister (P.W.3) have also not supported the prosecution case. As per evidence, there was no demand of dowry nor any torturing therefor, nor any claim that she has been done to death by the appellant and hence, the execution of sentence is suspended and the appellant is directed to be released on bail during pendency of the appeal in connection with Sessions Trial No. 75 of 2022, arising out of Atri P.S. Case No. 128 of 2018, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge-II, Gaya.

8. Hence, Office is directed to list this case for hearing in due course.

(Jitendra Kumar, J.)