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Judgment
The present bail application has been filed by the petitioner for grant of bail in FIR bearing No. 243/2019 dated 17.10.2019 registered with Police
Station, Akhnoor for commission of offences under sections 306 and 498-A RPC. It is submitted that the applicant was arrested on the same date. It
is further submitted that the challan stands also filed against the petitioner in the month of December, 2019 and till date charges have not been framed.
It is further contended that the petitioner has been in custody ever since October, 2019. The petitioner had filed an application for grant of bail before
the learned trial court and the same was dismissed by the learned Additional Sessions Judge, Jammu (for short the trial court) vide order dated
14.08.2020.
The respondent has filed objections in which it is stated that the petitioner is involved in a heinous offence which is against whole of the society as
such, he does not deserve to be enlarged on bail.
A perusal of the record reveals that on 17.10.2019, ASI Kuldeep Raj has produced the finding of inquest proceedings under section 174 Cr.P.C. with
regard to death of Sunita Devi age 28 yrs, wife of the petitioner herein and pursuant to which FIR mentioned above was registered. It is further stated
in the report that Sunita Devi had died in suspicious circumstances and it was found that she had died because of poisoning. After the conclusion of
the investigation, the Investigating Officer proved offences under sections 306 and 498-A RPC against the petitioner and filed the challan in the court
of learned Additional Sessions Judge, Jammu.
Heard and considered.
It is not in dispute that the petitioner was arrested on 17.10.2019 and since then he has been in continuous custody from October 2019. The trial has
not yet commenced due to COVID-19 pandemic. The petitioner cannot be kept behind bars as a matter of punishment only without trial. Since the
investigation is complete and the challan stands filed, the presence of the petitioner is not required for the purpose of investigation but only for the
purpose of trial for which appropriate direction can be issued. The allegations against the petitioner are subject to proof during trial.
This Court is of the considered opinion that the petitioner deserves to be enlarged on bail after taking into consideration that he has been in continuous
custody for nearly sixteen months and there is no likelihood of conclusion of trial in near future.
In view of the above, this application is allowed. The petitioner is enlarged on bail on the following conditions:
(i) subject to furnishing of personal bond to the tune of Rs. 50,000/- along with two sureties of the like amount each to the satisfaction of the trial
court.
(ii) he shall not contact with any of the prosecution witnesses during the trial and shall regularly appear before the trial court.
(iii) he shall not leave the territorial jurisdiction of the Union Territory of Jammu and Kashmir without prior permission of this Court.
In the event of violation of any of the conditions mentioned above, the respondent can lay a motion for cancellation of bail of the applicant before this
Court.
Disposed of accordingly.