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VINIT KUMAR MATHUR
Bheru Lal – Appellant
Versus
State Of Rajasthan – 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 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.138/2021, Police Station Baneda, District Bhilwara for the offence under Section 377 of the I.P.C. and under Section 9 of the Rajasthan Bovine animal act.
3. Heard learned counsel for the parties. Perused the material available on record.
4. Learned counsel for the petitioner submits that the charge-sheet in the case has been filed. He further submits that the petitioner is facing incarceration since 05.09.2021. The conclusion of the trial will take sufficiently long time, therefore, he 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.
The court may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.
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'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 peculiar facts and circumstances of the case and the unprecedented situation of the COVID-19 pandemic.
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).
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