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Judgment
Alok Singh, J.—This is an application seeking regular bail in Complaint case No. 252-1 dated 28.10.2003 under Sections 406/498-A IPC. pending in the Court of Judicial Magistrate, First Class, Jalalabad.
Record reveals that Petitioner himself has surrendered before the trial Court on 12.11.2010 in a criminal complaint case filed/pending against the Petitioner.
Learned Counsel for the Petitioner states that criminal complaint is pending for an offence punishable under Sections 406/498-A IPC and the trial is not likely to be concluded at the earliest and no useful purpose would be served in keeping the Petitioner in jail.
Learned Counsel for the complainant states that Petitioner has failed to pay maintenance to the wife in compliance with the order passed u/s 125 Code of Criminal Procedure Therefore, he may not be released on bail.
Learned Counsel for the Petitioner in reply has stated that unless and until Petitioner comes out from judicial custody, he will not be able to pay maintenance to the wife.
Considering totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, present petition is allowed. The Petitioner is directed to be released on bail during the trial to the satisfaction of the trial Court.