Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2397

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Sunil @ Billu - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11833 of 2021
Decided On : 01-10-2021

Advocates appeared:
Gajender Singh Rathore, Advocate, Mangal Singh Saini PP, Advocate

The court established that prolonged custody without trial and the filing of a charge-sheet can warrant the granting of bail under Section 439 Cr.P.C.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the petitioner's prolonged custody, the filing of the charge-sheet, and the nature of the case, emphasizing that continued custody was not warranted at this stage.
Fact of the Case:

The petitioner was arrested in connection with FIR No.78/2021 for offences under Sections 498-A, 302, 307, 34 IPC. The marriage occurred ten years prior, resulting in two children, and the wife allegedly committed suicide due to minor domestic disputes.
Finding of the Court:

The court found that the petitioner had been in custody since March 30, 2021, and that the charge-sheet had already been filed. It concluded that continued custody was not necessary at this stage.
Issues: Whether the petitioner should be granted bail considering the circumstances of the case and the duration of custody.
Ratio Decidendi: The court determined that the totality of the circumstances, including the length of custody and the filing of the charge-sheet, justified granting bail without commenting on the merits of the case.
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.78/2021 of Police Station Mandan, District Bhiwadi, District Alwar for the offences punishable under Sections 498-A, 302, 307, 34 IPC. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner submits that the marriage in question took place ten years ago and there were two children born out of the wedlock. Learned counsel further submits that the suicide has been committed by the wife of the petitioner due to small domestic quarrels. Learned counsel also submits the charge-sheet in this case has already been filed and the petitioner is in custody since 30.03.2021.

5. Learned Public Prosecutor opposed the bail application.

6. Considering the custody period of the petitioner as also the fact that the charge-sheet in this case has already been filed and other facts on record, 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 Sunil @ Billu S/o Sujan Singh shall be released on bail in connection with FIR No.78/2021 of Police Station Mandan, District Bhiwadi, 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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