Bail can be granted under Section 439 Cr.P.C. when the custody of the accused is not warranted, particularly when the allegations against them are indirect and the proceedings are expected to take time.

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 petitioners have been arrested in FIR No.190/2020 of Police Station Ramganjmandi, Kota Rural for the offences punishable under Sections 306, 376 & 120-B IPC. They have preferred these bail applications under Section 439 Cr.P.C.

4. Learned counsel for the petitioners submits that the present petitioners are parents of the boy, namely, Babu. Learned counsel further submits that there is allegation upon Babu for blackmailing, rape, and also pertaining to Section 306 IPC. Learned counsel also submits that the girl has committed suicide on 22.06.2020. Learned counsel further submits that the charge-sheet in this case has already been filed and the petitioners, who are the parents of Babu, were are only trying to counsel the children to move apart, but unfortunately, the incident had happened.

5. Learned Public Prosecutor opposed the bail applications.

6. After carefully seeing the record, this Court finds that there was intense relationship between Babu and the deceased girl, which has resulted into lodging of the present FIR. Though the petitioners, who are the parents, have been named in the suicide note, but the actual role has been attributed to Babu, as he has been alleged with multiple allegations.

7. Looking into the fact that the charge-sheet in this case has already been filed and it seems to be a possibility that the petitioners are facing the wrath only on count of being the parents of Babu. Thus, this Court is of the opinion, that the custody of the petitioners in this case is not warranted, as they are in custody since 01.07.2021.

8. 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 petitioners under Section 439 Cr.P.C.

9. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Rodulal S/o Ramlal and (2) Guddi Bai W/o Rodulal shall be released on bail in connection with FIR No.190/2020 of Police Station Ramganjmandi, Kota Rural provided each of them execute 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.