Hemant Kumar Taneja vs State of U.P.

O.P. Garg, J.—Heard Sri S.F.A. Naqvi learned Counsel for the applicant. Sri Sanjay Bhasin for the complainant and learned A.G.A.

This is second bail application of the applicant who is indicated of the offence punishable under Sections 498A/304B, IPC and Section 3/4 Dowry Prohibition Act. The applicant is arrained of the offence of committing murder of his second wife. A theory of suicide having been committed by the deceased was set up, which was found to be false. The first bail application of the applicant was rejected on 26698 by me. The ground taken in the instant second bail application is that after completion of investigation, chargesheet has been submitted.

The applicant is a doctor by profession. He is a Government servant posted at District Hospital Sant Ravi Das Nagar (Bhadohi). He is stated to be an eye specialist. He cannot be detained in jail for an indefinite period, without trial. He has already remained in jail for more than 4 months. Since the chargesheet has been submitted after completion of investigation into the matter, there are no possible chances of tampering with the evidence. Moreover, the applicant has a fixed place of abode and, as already stated, he is a Government servant. Thus, there is also no possibility of his fleeing away from justice. The applicant is entitled to bail.

Let Dr. Hemant Kumar Taneja son of late M.L. Taneja, M.B.S. Hospital District Sant Ravi Das Nagar, involved in case No. 189 of 1998, under Sections 498A/304B, IPC and Section 3/4 Dowry Prohibition Act, P.S. Bhadohi, Distt. Bhadohi (now Sant Ravi Das Nagar) be enlarged on bail on his furnishing personal bonds and two sureties of like amount to the satisfaction of C.J.M. Sant Ravidas Nagar.

The case against the applicant has been committed. The trial Court shall conclude session trial against the applicant preferably within a period of six months from the date of production of a certified copy of this order before him. In the meantime till the trial is concluded the Applicant shall not leave jurisdiction of the Court of Sessions Judge, Bhadohi without obtaining prior permission of the trial Judge. He shall positively make himself available on every date, which may be fixed in his case by the trial Judge. In case of default on any occasion, it will be open to the trial Judge to issue nonbailable warrant against the applicant for his arrest. Bail granted.