(K.M. Joseph and B.V. Nagarathna, JJ.)
Nitish Chauhan __________________________________ Appellant;
v.
State of U.P. _____________________________________ Respondent.
Criminal Appeal No. 1384 of 2023 (Arising out of SLP (Criminal) No. 3771 of 2023), decided on May 4, 2023
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant has been denied bail in a case which involves offences under Sections 498A and 304B of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. We have heard the learned counsel for the appellant and learned counsel for the respondent-State. It is not in dispute that the appellant has been in custody for nearly two years four months. The case is at the stage of trial. Two witnesses have been examined. It is not in dispute that twenty six witnesses are proposed to be examined by the prosecution.
4. In the facts of the case, we are of the view that the appellant is entitled to be released on bail.
5. Accordingly, the appeal is allowed. The impugned order is set aside. The appellant shall be released on bail subject to such condition(s) as may be stipulated by the Trial Court.
6. Pending application(s), if any, stand disposed of.
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