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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Magaram S/o Shri Kanaram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 145 of 2022
Decided On : 25-01-2022
Anticipatory Bail - Offences under Sections 341, 323, 325, 326 and 34 of IPC - The court rejected the anticipatory bail application considering the nature of accusation, gravity of the offence, and material on record, but directed the petitioner to surrender before the trial court and file a bail application there.
Fact of the Case:
The petitioner filed an application for anticipatory bail in connection with F.I.R. No.169/2021, Police Station Dungla, District Chittorgarh for the offences under Sections 341, 323, 325, 326 and 34 of IPC.
Finding of the Court:
The court rejected the anticipatory bail application but directed the petitioner to surrender before the trial court and file a bail application there, with the direction that the court concerned shall consider his bail application preferably on the same day.
Issues: Application for anticipatory bail, nature of accusation, gravity of the offence, surrender before trial court, consideration of bail application by trial court.
Ratio Decidendi: The court considered the nature of accusation, gravity of the offence, and material on record in rejecting the anticipatory bail application, but in the interest of justice, directed the petitioner to surrender before the trial court and file a bail application there.
Final Decision: The application for anticipatory bail under Section 438 Cr.P.C. is rejected, but the petitioner is directed to surrender before the trial court and file a bail application there, with the direction that the court concerned shall consider his 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 application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.169/2021, Police Station Dungla, District Chittorgarh for the offences under Sections 341, 323, 325, 326 and 34 of IPC.
3. Heard. Perused the material available on record.
4. Learned Public Prosecutor has vehemently opposed the bail application.
5. 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 petitioner. accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is hereby rejected.
6. However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day.
7. Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner Salim S/o Ghasi Khan surrenders before the trial Court on or before 13/02/2022 and file a bail application there, the Court concerned shall consider his bail application preferably on the same day in accordance with law.
The court's discretion in granting anticipatory bail and the option to surrender and file a bail application before the trial court.
The court's decision was influenced by the nature of accusation, gravity of the offence, and material on record in rejecting the anticipatory bail application, but also considered the interest of jus....
The court's decision was influenced by the nature of accusation, gravity of the offence, and material on record in rejecting the anticipatory bail application.
The court has the discretion to reject an application for anticipatory bail but may direct the petitioner to surrender before the trial court and file a bail application for consideration.
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 ....
Granting anticipatory bail under Section 438 Cr.P.C. in view of the peculiar circumstances prevailing in the country due to the pandemic of COVID-19.
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 considered the petitioner's incarceration, absence at the time of the incident, and the lack of pending or decided cases against the petitioner, along with the unprecedented situation of th....
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....
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