Applicant-Vijai Kumar Patel seeks bail in Case Crime No. 64 of 2009 under Sections 498-A and 306 I.P.C., Police Station Baragaon, District Varanasi. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Submissions have been made on behalf of the applicant that initially the F.I.R. was lodged under Sections, 498-A, 304-B I.P.C. and ¾ of Dowry Prohibition Act but the charge sheet was submitted under Section 306 I.P.C. as necessary ingredients to constitute an offence under Section 304-B I.P.C. were not found. He has further submitted that there is indication of depression and previous mental ailment which led the deceased to commti suicide and in the absence of any allegation of demand of dowry and abetment, no offence even under Section 306 I.P.C. is made out. He has further contended that under the similar circumstances other co-accused persons have been released on bail. He has further contended that on account of long incarceration, the applicant is in jail since 7.3.2009 and trial has not commenced which is likely to consume some time to conclude and moreover, there is no criminal history to his credit. He has further submitted that there are scanty chances of his tampering with the prosecution evidence or fleeing from the judicial process, thus he is entitled to be released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were dully considered.
Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Vijai Kumar Patel involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 7.1.2010 MN/-