Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1917

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Narain Lal & Ors. – Appellants
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 715, 1322 of 2022
Decided On : 03-02-2022

Advocates appeared:
Surendra Singh Shekhawat, Advocate, Zafar Khan, Advocate, Mukesh Trivedi, Advocate

The court's decision was influenced by the nature of accusation, gravity of the offence, and material on record in rejecting the bail applications, but also emphasized the option for the petitioners to surrender and file a bail application before the trial court.

Headnote:
Lawyers - Anticipatory Bail - COVID-19 Pandemic
Fact of the Case:

The petitioners filed for anticipatory bail due to apprehension of arrest in connection with an FIR. The court considered the nature of accusation, gravity of the offence, and material on record, and rejected the bail applications.
Finding of the Court:

The court rejected the bail applications under Section 438 Cr.P.C. but directed the petitioners to surrender before the trial court and file a bail application, with the direction for the trial court to consider their bail application preferably on the same day.
Issues: Anticipatory bail, Surrender before trial court, Consideration of bail application
Ratio Decidendi: The court considered the nature of accusation, gravity of the offence, and material on record in rejecting the bail applications, but directed the petitioners to surrender and file a bail application before the trial court.
Final Decision: The court rejected the bail applications but directed the petitioners to surrender before the trial court and file a bail application, with the direction for the trial court to consider their bail application preferably on the same day.

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 applications for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with F.I.R. No.484/2021, Police Station Nimbahera Sadar, District Chittorgarh.

3. Learned counsel for the petitioner submits that since petitioner Narayan Lal has already preferred a separate bail application being S.B. Criminal Misc. Bail application No.715/2022, therefore he does not want to press the bail application qua petitioner Narayan Lal in S.B. Criminal Misc. Bail application No.1322/2022.

I have gone through the impugned order as well as pleading in the bail application.

Learned Public Prosecutor has vehemently opposed the bail application.

4. Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438 Cr.P.C. to the petitioners. accordingly, the applications preferred by the petitioners under Section 438 Cr.P.C. are hereby rejected.

5. However, it is submitted on behalf of the petitioners that petitioners are ready to surrender before the concerned court, which may consider their bail application on the same day.

6. Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioners (1) Narain Lal S/o Pokhar (2) Jitendra S/o Sh. Narayan Lal surrender before the trial Court on or before 11.02.2022 and files a bail application, the concerned trial Court shall consider their bail application preferably on the same day in accordance with law.

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