The court established that humanitarian considerations can influence the granting of interim bail under Section 439 CrPC, particularly in cases involving the welfare of dependents.

JUDGMENT

Sandeep Mehta, J. - The instant interim bail application under Section 439 CrPC has been preferred by the petitioner Suman W/o Raysingh, who is in custody in connection with the F.I.R. No.23/2021 registered at the Police Station Hanumangarh Town, District Hanumangarh for the offences under Sections 302, 364 and 201 IPC.

2. Heard learned counsel for the parties and perused the material available on record.

3. The petitioner seeks interim bail on the ground that she as well as her husband Raysingh are lodged in the jail and in their absence, their three children have been led to destitution because there is no able-bodied person in the family, who can look after them.

4. Learned Public Prosecutor has placed on record verification report received from the SHO, Police Station Hanumangarh Town, as per which, the petitioner has three children, of whom two daughters are aged 13 and 9 years and one son is aged 11 years. The elder daughter is specially abled/mentally challenged. The mother-in-law of the petitioner is aged 75 years.

5. In this background and taking a humanitarian view of the matter, this court is of the opinion that the petitioner deserves indulgence of interim bail for a period of 60 days from the date of her actual release so that she can tend to her children.

6. Accordingly, the instant interim bail application under Section 439 CrPc is allowed. It is ordered that the accusedpetitioner Suman W/o Raysingh arrested in connection with F.I.R. No.23/2021 registered at the Police Station Hanumangarh Town, District Hanumangarh shall be released on interim bail for a period of 60 days from the date of her actual release; provided she furnishes a personal bond in the sum of Rs.50,000/- and one sound and solvent surety in the like amount to the satisfaction of the learned trial court with the stipulation to surrender back before the jail authorities positively in the morning of the next day of completion of the period of interim bail.