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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Bhagu Ram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 540 of 2022
Decided On : 04-02-2022
Bail Application - Offences under IPC, POCSO Act, and SC/ST Act - The court allowed the bail application under Section 439 of Cr.P.C. considering the peculiar facts and circumstances of the case and the present situation of the country due to the COVID-19 pandemic.
Fact of the Case:
The petitioner filed a bail application under Section 439 of Cr.P.C. for offences under Sections 363 & 354 of the IPC, Section 7/8 of POCSO act, and Section 3(1)[w](ii) of SC/ST act. The incident involved a trivial issue between the petitioner and the complainant regarding goats trespassing the complainant's field.
Finding of the Court:
The court, considering the peculiar facts and circumstances of the case and the present situation of the country due to the COVID-19 pandemic, deemed it just and proper to release the petitioner on bail, despite opposition from the Public Prosecutor.
Issues: Bail application for serious offences under IPC, POCSO Act, and SC/ST Act in the context of the COVID-19 pandemic.
Ratio Decidendi: The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the unprecedented situation of the country due to the COVID-19 pandemic, particularly the condition of jails.
Final Decision: The bail application filed under Section 439 of Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
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 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.226/2021, Police Station Kareda, District Bhilwara for the offence under Sections 363 & 354 of the I.P.C. and under Section 7/8 of POCSO act and under Section 3(1)[w](ii) of SC/ST act.
3. Heard learned counsel for the parties. Perused the material available on record.
4. Learned counsel for the petitioner submits that the petitioner and the complainant are neighbours of their agricultural field and the incident occurred on a trivial issue with respect to some goats trespassed the field of the complainant. He, therefore, prays that the petitioner may be enlarged on bail.
5. Learned Public Prosecutor opposes the bail application. 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 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 -Bhagu Ram S/o Ramchandra Kumahar arrested in connection with F.I.R. No.226/2021, Police Station Kareda, 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.
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'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 may consider the unprecedented situation of the COVID-19 pandemic, particularly in the jails, as a justifiable ground for granting bail.
The court may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.
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 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'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).
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.
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