The court considered the pandemic situation and the nature of the offence in allowing bail under Section 439 of Cr.P.C.

JUDGMENT

Vinit Kumar Mathur, J. - S. B. Criminal Misc. Bail Application No. 6712/2020

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 125/2020, Police Station Mandal, District Bhilwara for the offence under Section 379 of I.P.C.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submits that the offence alleged in the present case is triable by the Magistrate. He further submits that the charge-sheet in the present case has already been filed and the conclusion of trial will take sufficient long time. He, therefore, prays that the petitioner may be enlarged on bail.

4. Learned Public Prosecutor opposes the bail application.

5. Having regard to the facts and circumstances of the case, upon a consideration of the arguments advanced and considering the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

6. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Junaid S/o Nijjar arrested in connection with with F.I.R. No. 125/2020, Police Station Mandal, District Bhilwara shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

S. B. Criminal Misc. Bail Application Nos. 6564/2020 & 6770/2020

7. The present bail applications under Section 439 of Cr.P.C. have been filed by the petitioners, who are in custody in connection with F.I.R. No. 124/2020, Police Station Gangrar, District Chittorgarh for the offences under Section 392/34 of I.P.C. and Section 3/25 of the Arms Act.

8. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

9. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant benefit of bail under Section 439 of Cr.P.C. to the petitioners at this stage.

10. Accordingly, both the bail applications preferred by the petitioners under Section 439 of Cr.P.C. are dismissed.