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.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner, a woman in custody since May 2021, under Section 439 Cr.P.C., considering her gender, duration of custody, and the likelihood of prolonged proceedings, while not expressing an opinion on the case's merits.
Fact of the Case:

The petitioner was arrested in connection with FIR No.58/2021 for offenses under Sections 147 and 302 of IPC and sought bail after being in custody since May 21, 2021.
Finding of the Court:

The court noted the petitioner's prolonged custody, her gender, and the expected delay in trial proceedings, leading to the decision to grant bail without commenting on the case's merits.
Issues: Whether the petitioner should be granted bail considering her circumstances and the nature of the charges against her.
Ratio Decidendi: The court emphasized the importance of considering the duration of custody, the petitioner's gender, and the potential delay in trial when deciding on bail applications.
Result: The second bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Dr.Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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

3. The petitioner has been arrested in connection with FIR No.58/2021 of Police Station Dungla, District Chittorgarh for the offence punishable under Sections 147, 302 of IPC. She has preferred this second bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner has drawn attention of this Court to the statement rendered under Section 161 Cr.P.C. by Shyam Lal who is son of deceased. He further submits that the main accused in the case are Ramlal, Jeevanlal, Madanlal and Ashok. He has also taken this Court to the statement of Guddi, wife of the deceased rendered under Section 161 Cr.P.C. He makes a limited prayer that the petitioner, who is a lady, and is in custody since 21.5.2021 and charge-sheet has been filed, deserves to be released on bail.

5. Learned P.P. opposes the bail application.

6. This Court while considering that the petitioner is a lady and has already undergone custody since 21.5.2021, and having regard to the totality of the facts and circumstances of the case 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, deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

7. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mangi Bai W/o Madan Lal shall be released on bail in connection with FIR No.58/2021 of Police Station Dungla, District Chittorgarh 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.

Click Here to Read the rest of this document