The court's decision to grant bail was influenced by the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial duration.

Headnote:
COVID-19 - Bail Application under Section 439 Cr.P.C. - The court allowed the bail applications of the accused-petitioners based on the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial duration.
Fact of the Case:

The accused-petitioners filed a second bail application under Section 439 Cr.P.C. in connection with F.I.R. No.34/2021, Police Station Mandwa, District Udaipur, for offenses under Sections 302 and 147 of the Indian Penal Code. The hearing was conducted through video conferencing due to COVID-19 guidelines.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioners based on the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial duration.
Issues: The main issue was whether the accused-petitioners should be granted bail in light of the circumstances of the case, including the filing of the charge-sheet and the expected lengthy trial duration.
Ratio Decidendi: The court decided to grant bail to the accused-petitioners based on the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial duration.
Final Decision: The bail applications of the accused-petitioners were allowed, and they were ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the learned trial court.

JUDGMENT

Devendra Kachhawaha, J. - In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

2. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.34/2021, Police Station Mandwa, District Udaipur, registered for the offences punishable under Sections 302 and 147 of the Indian Penal Code.

3. Heard and considered arguments advanced by learned counsel for the petitioners through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.

4. Learned counsel for the petitioners stated that first bail application (No.9029/2021) was rejected vide order dated 14.07.2021; incident took place on 21.05.2021 and FIR has been filed on 01.06.2021; omnibus allegations have been levelled upon the petitioners; benefit of bail has been granted to co-accused persons, viz., Lumba, Miniya, Kisna and Kaliya; no specific allegations have been levelled against the petitioners; charge-sheet has been filed. Learned counsel further stated that as per statement of Dr. ashish P. Doshi, instructions given by him were not followed by the attendant(s) of the injured; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the petitioners.

5. Per contra, learned Public Prosecutor has opposed the bail applications of the accused-petitioners.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; benefit of bail has been granted by co-ordinate Bench of this Court to co-accused persons, viz., Lumba, Miniya, Kisna and Kaliya vide order dated 14.01.2022 (Bail application No.116/2022); and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

7. Consequently, the bail applications are allowed. It is ordered that the petitioners - (1) Janiya S/o Meha and (2) Prem S/o Bhuriya, both arrested in connection with F.I.R. No.34/2021,

8. Police Station Mandwa, District Udaipur, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

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