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KULDEEP MATHUR
Gul Mohammed @ Gulsan @ Razak – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with C.R. Case No.79/2022, registered at Police Station RGT Nagar (Barmer), for offences punishable under Sections 498A, 306 IPC.
2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submitted that petitioner and deceased were married since 2010. Learned counsel further submitted that from perusal of the FIR and challan it would reveal that the petitioner has not abetted deceased to commit suicide and the allegations levelled against the petitioner are false and fabricated. Challan has already been filed. The petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused petitioner.
4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the adverse impact on the accused petitioner's studies due to prolonged custody as a ground for granting bail.
The court's decision to grant bail was influenced by the consideration of the nature of injuries, the potential delay in the trial, and the facts and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
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