Accused enlarged on bail in light of being a young mother

Himachal Pradesh High Court: A Single Judge Bench comprising of Chander Bhusan Barowalia, J., decided a criminal petition filed under Section 439 of CrPC, wherein Petitioner 2 was enlarged on bail considering the facts and circumstances of the case.

The petitioner 2 was co-accused in a criminal case registered under Sections 306 and 34 of IPC. The allegation was that petitioner 2 forced the deceased wife of petitioner 1 for committing suicide. Application on behalf of petitioner 1-husband was withdrawn, however it was submitted by learned counsel for the petitioners that petitioner 2 was innocent and was not involved in the alleged crime.

The High Court perused the record and found that petitioner 2, a female, was about 27 years of age. She was a mother of four children and was behind the bars for about 40 days. The Court was of the view that she was neither in a position to temper with the prosecution evidence nor was in a position to flee from justice; no purpose would be served by keeping her behind the bars during trial for an unlimited period. Considering all these circumstances, the Court held that it was a fit case to exercise its judicial discretion in favour of petitioner 2.

Accordingly, application regarding petitioner 2 was allowed and she was enlarged on bail, subject to conditions imposed. [Dinesh v. State of H.P., 2018 SCC OnLine HP 220, order dated 12.3.2018]

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