VINIT KUMAR MATHUR
Rahul Kumar Gautam – Appellant
Versus
State – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
2. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.227/2021, Police Station Kuchera, District Nagaur for the offences under Sections 420, 406 of IPC and Sections 66C and 66D of IT act.
3. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioners submits that there was ongoing money transaction between the petitioners and the complainant-party which the complainant was well aware of. The offences alleged in the case are triable by Magistrate. He further submits that the petitioners are facing incarceration since 15.12.2021. He, therefore, prays that the petitioners may be enlarged on bail.
5. The learned Public Prosecutor as well as learned counsel for the complainant opposed the bail.
6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country d
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the unprecedented situation of the COVID-19 pandemic.
The court may consider the unprecedented situation of the COVID-19 pandemic, particularly in the jails, as a justifiable ground for granting bail.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
The court's decision to grant bail was influenced by the unprecedented situation of the COVID-19 pandemic and the impact on the situation of the jails, justifying the release of the petitioner on bai....
The court's decision to grant bail was influenced by the interpretation of Section 439 Cr.P.C. in light of the similarity of the case with the co-accused persons who had been enlarged on bail and the....
The court may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.
The court considered the impact of the COVID-19 pandemic and the absence of specific allegations of dowry demand in granting bail to the accused.
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic of corona virus (COVID-19).
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