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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Rahul Kumar Gautam & Ors. – Appellants
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 637, 1044 of 2022
Decided On : 04-02-2022
Bail - COVID-19 Pandemic - Release of Accused on Bail
Fact of the Case:
The bail applications were filed for the accused who were in custody for offenses under Sections 420, 406 of IPC and Sections 66C and 66D of IT act. The petitioners argued ongoing money transactions and the triability of the offenses by a Magistrate.
Finding of the Court:
Considering the peculiar facts and circumstances of the case and the impact of the COVID-19 pandemic on the country, especially the jails, the Court deemed it just and proper to release the petitioners on bail.
Issues: Bail applications under Section 439 Cr.P.C.
Ratio Decidendi: The Court's decision was influenced by the ongoing money transaction, the triability of the offenses by a Magistrate, and the impact of the COVID-19 pandemic on the country and jails.
Final Decision: The bail applications were allowed, and the accused-petitioners were ordered to be released on bail upon furnishing a personal bond and sureties.
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 due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail.
7. Consequently, the bail applications filed under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Rahul Kumar Gautam S/o Meva Lal (2) abraham Jafar Khan S/o abdul Jafar Khan arrested in connection with F.I.R. No. 227/2021, Police Station Kuchera, District Nagaur shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) (out of which one surety will be of local) 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.
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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