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MAHENDAR KUMAR GOYAL
Pooja Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.214/2021 registered at Police Station Udhyog Nagar, District Sikar for the offence under Section 302 of IPC and later on for the offence under Section 306 of IPC.
2. Learned counsel for the petitioner submitted that finding the allegation against her of murdering her husband to be false, charge sheet has been filed under Section 306 IPC. He submitted that the material on record in the shape of statements of the prosecution witnesses and transcript of the so called mobile conversation reveals trivial matrimonial dispute between the parties and there is complete absence of element of abatement to the extent it could compel the deceased to commit suicide. Learned counsel submitted that the petitioner is in custody since23.04.2021, charge sheet has been filed, she has no criminal antecedents, trial of the case will take time, she has minor children and prayed for her release on bail.
3. Learned Public Prosecutor has opposed the bail application.
4. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of all
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of allegations does not substantiate the charges, especially in cases involving personal disputes.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court considered the lack of witness support, the petitioner's time in custody, and the expectation of a lengthy trial in granting bail to the accused-petitioner.
Grant of bail with the condition of cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
The court established that in bail applications, the intent and circumstances surrounding the alleged crime are critical factors in determining whether to grant bail.
Court allows bail application due to lack of injuries and delayed FIR in a matrimonial case.
Grant of Bail l- No custodial interrogation is required to be done and there are no chances of concluding the trial in near future, as the Courts are closed, therefore, the applicants may kindly be r....
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