Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2207

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Bhola Ram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11742 of 2021
Decided On : 06-10-2021

Advocates appeared:
Karanpal Singh, Advocate, Mangal Singh Saini, Advocate, Anil Upman, Advocate

The court established that in bail applications, the duration of custody and the nature of the charges are critical factors, and mere allegations without substantial evidence do not justify continued detention.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner under Section 439 Cr.P.C. considering the duration of custody, the filing of the charge-sheet, and the nature of the allegations, emphasizing that mere telephonic altercations do not justify the charge of abetment to suicide.
Fact of the Case:

The petitioner was arrested in connection with FIR No.119/2019 for the offence under Section 306 IPC and has been in custody since 08.02.2021. A charge-sheet has been filed in the case.
Finding of the Court:

The court found that the continued custody of the petitioner was not warranted given the length of time in custody and the filing of the charge-sheet. The court noted that the allegations did not sufficiently support the charge of abetment to suicide.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the nature of the allegations against him.
Ratio Decidendi: The court held that the duration of custody and the nature of the allegations, particularly the lack of direct evidence linking the petitioner to the act of suicide, warranted the granting of bail.
Result: The 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. This Court perused the material available on record.

3. The petitioner has been arrested in connection with FIR No.119/2019 of Police Station Kathumar, District Alwar for the offence punishable under Section 306 IPC. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 08.02.2021 and the charge-sheet in this case has already been filed. Learned counsel further submits that though there was a telephonic altercation, but the same does not mean that a person may commit suicide.

5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application.

6. Taking into consideration the custody period of the petitioner and the fact that the charge-sheet in this case has already been filed, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted.

7. Thus, 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, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhola Ram S/o Amar Singh @ Amar Chand shall be released on bail in connection with FIR No.119/2019 of Police Station Kathumar, District Alwar provided he 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 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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