The court may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.

Headnote:
Bail Application - COVID-19 Pandemic - The court allowed the bail application under Section 439 of Cr.P.C. due to the unprecedented situation of the COVID-19 pandemic, deeming it just and proper to release the petitioner on bail.
Fact of the Case:

The petitioner filed a bail application under Section 439 of Cr.P.C. due to being in custody for the offence under Section 377 of the I.P.C. and under Section 9 of the Rajasthan Bovine animal act.
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, allowed the bail application and ordered the release of the accused-petitioner on bail.
Issues: Bail Application, COVID-19 Pandemic, Custody for Offences
Ratio Decidendi: The court deemed it just and proper to release the petitioner on bail in light of the COVID-19 pandemic and the prolonged trial period.
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 fulfilling certain conditions.

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. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Bheru Lal S/o Banshi Lal Balai arrested in connection with F.I.R. No.138/2021, Police Station Baneda, 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.

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