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MANOJ KUMAR GARG
Santosh Soni – Appellant
Versus
State of Rajasthan – Respondent
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.
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.
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.
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 under Section 439 Cr.P.C based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court established that prolonged custody without trial can warrant the granting of bail, particularly when similar accused have been released, emphasizing the importance of the right to liberty.
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.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
The court may grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of 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.
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