JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant, Sri S.P. Singh, Advocate who has filed memo of appearance on behalf of the complainant, learned counsel for the complainant as well as learned AGA for the State of U.P and perused the material available on record. 2. The applicant claims to have been falsely implicated in this case by the first informant-wife, for the reason that he happens to be husband whereas no such dowry demand was ever made and cruelty was perpetrated. It is contended that the applicant being husband and father of one female child, will see and ensure on his part that as soon as he is released from jail, he will keep his wife happily and will not cause any physical or mental cruelty to her and will restore the glory of her womanhood. For this purpose, at least 15 days' time should be given to the applicant. 3. Learned counsel appearing for the complainant has submitted that the promise so made appears to be shallow one in view of the fact that several dates have been fixed in the negotiation going on before the mediation centre at district Varanasi but the husband did not turn up. Learned counsel further contends that since the applicant is willing to reform himself and keep the first informant peacefully with dignity, one chance should be given. In the event of any further violation, suitable action be taken against the applicant. 4. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, particularly the fact that it is matrimonial dispute, applicant's family may be restored to its previous family life, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 5.
Accordingly, bail application is allowed. 5. Let the applicant Bharat Sadhvani involved in Case Crime No.120 of 2015, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shivpur, District Varanasi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that he will take his wife along with female child back to home and live happily and peacefully. 6. Learned counsel for the complainant may intimate the court concerned in case non-compliance of the promise so made.