AI Structured Summary
Not yet generated for this judgment
Judgment
This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner on bail in Crime No.126/2014, registered in Gandasi Police Station for offences punishable under Sections 498A and 307 of Indian Penal Code, 1860.
After investigation, police have filed charge sheet for offences punishable under Sections 498A, 302 of IPC.
Shri Mahadeva R.K., learned Counsel for the petitioner arguing in support of the petition contended that pursuant to leave granted by this Court vide order dated 28.11.2014 in Crl.P.No.6877/2014 to renew the request for bail after material witnesses have been examined, he has filed this petition.
Adverting to the deposition of prosecution witness PW.1, he submits that the said witness is sister of the deceased and she has not supported the case of the petitioner. He further argued that dying declaration appears wholly unnatural because it alleges that P.W.1 was present when the victim was set ablaze. The other eye witness P.W.2 has also been declared as hostile. Accordingly, he prays for allowing this petition.
Opposing the bail petition, the learned HCGP submits that in the light of the dying declaration, it would be unsafe to release the accused on bail. Accordingly, he prays for dismissal of this petition.
I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the material papers.
The dying declaration contains specific statement that the sister of the victim, her husband and one another person of the same village by name Manja were present at the time when the incident occurred.
Sister is an eye witness. She has not supported the case of the prosecution and turned hostile. Therefore, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in Crime No.126/2014 registered in Gandasi Police Station, upon his executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
iv) Petitioner shall not involve himself in any criminal activities; and
(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.