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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Pooja Devi - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11587 of 2021
Decided On : 03-08-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioner, considering the nature of allegations, her length of custody, absence of criminal antecedents, and the filing of the charge sheet. The court emphasized the lack of evidence supporting the claim of abetment to suicide, indicating that the allegations stemmed from a trivial matrimonial dispute, which influenced the decision to allow bail.
Fact of the Case:
The petitioner was arrested in connection with FIR No.214/2021 for the offences under Section 302 and later under Section 306 of IPC, related to the alleged murder of her husband. The petitioner contended that the allegations were false and based on a trivial matrimonial dispute.
Finding of the Court:
The court found that the material on record did not support the claim of abetment to suicide, and noted the petitioner's lengthy custody, the filing of the charge sheet, and her lack of prior criminal history.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and her circumstances.
Ratio Decidendi: The court determined that the absence of substantial evidence for the charges, along with the petitioner's personal circumstances, warranted the granting of bail without expressing an opinion on the merits of the case.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon furnishing a personal bond and sureties as specified.
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 allegation against her, her length of custody, filing of charge sheet, the material contained therein and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Pooja Devi W/o Sunil Kumar D/o Tara chand shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided she furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
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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