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.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioner, emphasizing the lack of evidence for abetment to suicide and the similarity of the case to a co-accused who was granted bail. The court considered the duration of judicial custody and the time required for trial, leading to the decision to allow bail while ensuring the petitioner’s appearance in court.
Fact of the Case:

The petitioner was arrested in connection with FIR No.169/2019 for offences under Sections 498-A, 406 & 306/34 of IPC. The petitioner sought bail, arguing the absence of evidence for abetment to suicide and citing a co-accused who had been granted bail.
Finding of the Court:

The court found that there was no evidence of abetment against the petitioner and noted the similarity of her case to that of the co-accused. The court deemed it just to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner should be granted bail considering the lack of evidence for the charges and the precedent set by the co-accused's bail.
Ratio Decidendi: The court's decision was based on the principle that bail can be granted when there is insufficient evidence to support the charges, and the duration of judicial custody is excessive relative to the trial timeline.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.169/2019, Police Station Sadar Kotwali, Jodhpur East for the offence under Sections 498-A, 406 & 306/34 of IPC.

2. Learned counsel for the petitioner submits that there is no evidence of abetment to commit suicide against the present petitioner. It is further submitted that similarly situated co-accused Mahendra Soni has already been granted bail by coordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Challan of the case has already been presented. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Smt. Santosh Soni W/o Sh. Manak Chand shall be enlarged on bail in FIR No.169/2019, Police Station Sadar Kotwali, Jodhpur East provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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