Rajasthan High Court - Jodhpur

Sangeeta vs State Of Rajasthan (2024:Rj-Jd:11301) on 5 March, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:11301]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
      S.B. Criminal Miscellaneous Bail Application No. 1102/2024

Sangeeta D/o Shri Bhikha Ram, Aged About 19 Years, R/o
Bhatki, Ps Sarwana At Present Peehar Keelwa, Ps Sanchore, Dist
Jalore. (Lodged At Dist Jail Jalore)
                                                                         ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)           :     Mr. Sheetal Kumbhat
For Respondent(s)           :     Mr. Laxman Solanki, PP



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

05/03/2024

1. The jurisdiction of this court has been invoked by way of

filing an application under Section 439 CrPC at the instance of

accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                           Particulars of the Case

     2.     Concerned Police Station                  Sarwana
     3.     District                                  Sanchore
     4.     Offences alleged in the FIR               Section 306/34 of the IPC
     5.     Offences added, if any                    -
     6.     Date of passing of impugned 19.01.2024
            order

2. It is contended on behalf of the accused-petitioner that no

case for the alleged offences is made out against her and his

incarceration is not warranted. There are no factors at play in the

case at hand that may work against grant of bail to the accused-

[2024:RJ-JD:11301] (2 of 6) [CRLMB-1102/2024]

petitioner and she has been made an accused based on

conjectures and surmises.

3. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor opposes the bail application

and submits that the present case is not fit for enlargement of

accused on bail.

4. Have considered the submissions made by both the parties

and have perused the material available on record.

5. It is a case of the prosecution that one Arvind who is the son

of the complainant committed suicide some day before

28.12.2023. It is revealing that the deceased Arvind used to

exchange calls with the petitioner on mobile. It is also revealing

that there are allegations upon the petitioner to the effect that

she made a call to the deceased Arvind to visit Sanchore and

upon reaching there, he was threatened of lodging false case of

rape or either threat of killing him. The prosecution alleges that

the deceased ended his life on being perturbed by the threats

given at the hands of the petitioner. It is revealing that there is no

physical or direct evidence with regard to threat given to the

deceased by the petitioner. Perhaps, it is based upon disclosures

made to the police while in custody by the accused. Whether the

ingredients which are essential to constitute an offence under

Section 306 of the IPC are attracted or not in the present set of

case would be a debatable question and the same can only be

adjudged after full-fledged trial. The petitioner is a young lady of

19 years and having no criminal antecedent and there is no

apprehension that she will flee from justice if she released on bail

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likewise there is no allegation that she, in any manner, hamper or

tamper the prosecution evidence.

8. A Coordinate Bench of this Court in the case titled as

Mahendri Vs. State of Rajasthan in S.B. Criminal Misc. Bail

Application No.10968/2023 decided on 06.09.2023 has

observed in detail while considering a bail application preferred on

behalf of a female accused. The relevant part of the same is

reproduced as under:-

"5. It is germane to notice the proviso to Section 437 of the Cr.P.C.

upon which the learned counsel for the accused petitioner has laid

emphasis. Section 437 of the Cr.P.C. reads as follows:

"437. When bail may be taken in case of non-bailable offence.-- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released on bail, but--

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:

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Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court:

Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions,--

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(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary.

4) An officer or a Court releasing any person on bail under sub- section (1) or sub-section (2), shall record in writing his or its 1 [reasons or special reasons] for so doing.

(5) Any Court which has released a person on bail under sub- section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered."

(Emphasis supplied)

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6. It is not the law that bail should always be denied in a case where the offence punishable is of death or life imprisonment. In exceptional cases, if the statute permits and the facts not being so gory and grave criminal antecedents shrouding the culprit, the consideration in such cases would be different. In terms of Section 437 of the Cr.P.C. bail can be granted in a non-bailable offence on three circumstances as depicted in the proviso, (i) being a person below 16 years of age, (ii) a woman and (iii) is sick or infirm.

7. In my considered view, the facts in the case at hand are not those that would not entitle consideration of the case under Section 437 of the Cr.P.C. The petitioner has no criminal antecedents except the present sword hanging on the head, and her release would not be a threat to society, coupled with the fact that there is no allegation against the petitioner to cause injury to anyone, police have completed the investigation and have filed charge sheet before the learned court below and she was behind the bars since 05.02.2023."

9. Considering the overall facts and circumstances of the case

as well the express provision under Section 437 Cr.P.C. for a

female, this Court is inclined to accept the instant bail application

and enlarge the petitioner on bail.

10. Accordingly, the instant bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner as

named in the cause title shall be enlarged on bail provided she

furnishes a personal bond in the sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance before the court concerned on all the

dates of hearing as and when called upon to do so.

(FARJAND ALI),J 39-Mamta/-