Gopal Pandey vs The State of Jharkhand

Heard learned counsel for the parties.

Petitioner is an accused for the offences punishable under Sections 304(B), 498(A) / 34 of the Indian Penal Code and also under Sections 3 / 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that earlier the bail application of the petitioner was rejected vide order dated 06.12.2016 in B.A. no. 7090 of 2016. By way of the present bail application, the petitioner has renewed his prayer for regular bail. The petitioner is Dewar (brother-in-law) of the deceased. The main submission of the learned counsel for the petitioner is that out of 11 charge-sheet witnesses, 6 witnesses have already been examined so far and all of them have been declared hostile by the prosecution. The petitioner is in judicial custody since 10.12.2015 and therefore, he may be given the privilege of regular bail.

Learned A.P.P. opposes the petitioner''s prayer for bail. Considering the fact that the petitioner is in judicial custody since 10.12.2015, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I at Jamshedpur in connection with S.T. no. 175 of 2016 arising out of Jugsalai (Bagbera) P.S. Case no. 388 of 2015 corresponding to G.R. Case no. 3945 of 2015, subject to the condition that the petitioner shall co-operate in the trial and shall be present as and when required by the court, failing which the trial court is at liberty to pass appropriate order against the petitioner in accordance with law.