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MANOJ KUMAR GARG
Kailash Singh – Appellant
Versus
State of Rajasthan – Respondent
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 en
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.
Bail can be granted under Section 439 Cr.P.C. when there is a lack of evidence for the charges and when the duration of judicial custody is deemed excessive.
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.
Corroborated statements of family members can influence the court's decision in bail applications for offences under Sections 498A, 304-B of IPC.
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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.
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