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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Mannu – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6896 of 2022
Decided On : 30-05-2022
Bail Application - Petitioner's Release on Bail - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances, the absence of specific allegations against her, and the likelihood of prolonged proceedings.
Fact of the Case:
The petitioner, a lady, was in judicial custody in connection with FIR No. 43/2022 for various offenses including causing death. The allegations were primarily against other men in her family.
Finding of the Court:
The court found that the petitioner, being a lady in custody since 23.03.2022, had no specific allegations levelled against her, and the conclusion of the proceedings was likely to take some time. Without expressing any opinion on the merits of the case, the court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The primary issue was whether the accused petitioner should be granted bail considering the nature of the allegations and her gender.
Ratio Decidendi: The court considered the absence of specific allegations against the petitioner, the likelihood of prolonged proceedings, and the petitioner's gender and length of custody in reaching the decision to grant bail.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.
JUDGMENT
Dr.Pushpendra Singh Bhati, J. - The petitioner has been arrested in connection with FIR No. 43/2022 of Police Station Peepalkhunt, District Pratapgarh for the offences punishable under Section 143, 341, 323, 302 & 120-B IPC. She has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the petitioner is a lady and she is in judicial custody since 23.03.2022. He further submits that the basic allegations are against Mohan and other persons who caused the injuries which caused death.
3. Learned counsel for the petitioner has taken this Court to the statement of Huki, who is the complainant and injured also.
4. Learned Ga-cum-aaG has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and on conjoint consideration that the petitioner being a lady is in custody since 23.03.2022, no specific allegations have been levelled against her, the allegations being upon the other men of her family, as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mannu W/o Shri Mohan shall be released on bail in connection with FIR No. 43/2022 of Police Station Peepalkhunt, District Pratapgarh provided she executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
AI
The court may grant bail to an accused petitioner based on the totality of the facts and circumstances, the absence of specific allegations, and the likelihood of prolonged proceedings, without expre....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the....
Grant of bail based on injury report and circumstances of the case
The court established that the considerations of gender, duration of custody, and the likelihood of trial delays are significant factors in bail decisions under Section 439 Cr.P.C.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
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