Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1369

RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Kailash Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 10267 of 2021
Decided On : 09-11-2021

Advocates appeared:
Kaushal Gautam, Advocate, Mahipal Bishnoi, Advocate, Shobha Prabhakar, Advocate

Bail can be granted under Section 439 Cr.P.C. when the evidence does not substantiate the charges against the accused, particularly in cases involving serious allegations like abetment of suicide.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - The court granted bail under Section 439 Cr.P.C. after considering the lack of evidence for abetment of suicide and the circumstances surrounding the deceased's accidental consumption of sanitizer, emphasizing the need for a fair trial and the lengthy duration of judicial proceedings.
Fact of the Case:

The petitioner was arrested for offences under Sections 498-A, 306, and 323 of IPC. He applied for bail, arguing that there was no evidence against him for abetment of suicide and that the deceased had accidentally consumed sanitizer.
Finding of the Court:

The court noted the deceased's statement indicated accidental consumption of sanitizer and acknowledged that the challan had been filed, with no further investigation pending. The court found it just to grant bail.
Issues: Whether the petitioner is entitled to bail given the allegations of dowry demand and the circumstances of the deceased's death.
Ratio Decidendi: The court determined that the absence of evidence for abetment of suicide and the nature of the deceased's statement warranted the granting of bail, highlighting the principle that bail should be granted when the evidence does not strongly support the charges.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No.91/2021 of PS Mahila Thana, Distt. Bikaner for the offences punishable under Sections 498-A, 306 and 323 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioner submits that there is no evidence against the petitioner for abetment to commit suicide. Counsel further submits that according to the statement of the deceased recorded before the Police, she mistakenly consumed sanitizer due to which her condition deteriorated. He further submits that the challan of the case has already been presented and no further investigation is pending against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor as well as counsel for the complainant vehemently opposed the bail application and submits that there is allegation of demand of dowry and challan has also been filed against the petitioner for offence under Section 498A IPC. Therefore, the petitioner is not entitled to be enlarged on bail.

4. Having regard to the totality of the facts and circumstances of the case and considering the fact that the deceased in her statement has stated she accidently consumed sanitizer instead of cough syrup, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kailash Singh S/o Bajrang Singh shall be released on bail in connection with FIR No.91/2021 of PS Mahila Thana, Distt. Bikaner provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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