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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Rajesh Kumar & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Interim Bail Application No. 240 of 2022, S.B. Criminal Miscellaneous Bail Application No. 13649 of 2021
Decided On : 25-01-2022
Interim Bail - COVID-19 Pandemic - The court dismissed the interim bail applications under Section 439 Cr.P.C. due to the nature of accusation and gravity of the offence, considering the unprecedented situation of the COVID-19 pandemic and the availability of other family members to take care of the petitioner's wife.
Fact of the Case:
The court considered two bail applications, one related to the petitioner's wife's medical condition and the other seeking liberty to file a fresh bail application after recording statements.
Finding of the Court:
The court dismissed the interim bail applications and the bail application not pressed, providing liberty to file a fresh bail application after recording statements.
Issues: Interim bail due to medical condition, liberty to file fresh bail application after recording statements.
Ratio Decidendi: The court considered the nature of accusation, gravity of the offence, and the unprecedented situation of the COVID-19 pandemic in dismissing the interim bail applications.
Final Decision: The court dismissed the interim bail applications and the bail application not pressed, providing liberty to file a fresh bail application after recording statements.
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).
S.B. Criminal Misc. Interim Bail application No. 240/2022:-
2. Learned counsel for the petitioner submits that the petitioner's wife is suffering from ovarian cyst and she has to be a/w connected matter] operated upon. Therefore, it is prayed that the petitioner may be enlarged on interim bail.
3. Learned Public Prosecutor opposes the interim bail application. Learned Public Prosecutor on verification of the petitioner has not found assertion made by the learned counsel for the petitioner to be correct. Learned Public Prosecutor further submits that there are other family members who can take care of the petitioner's wife.
4. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant interim bail under Section 439 Cr.P.C. to the petitioner.
5. accordingly, the present interim bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed.
S.B. Criminal Misc. Bail application No. 13649/2021:-
6. Learned counsel for the petitioner does not want to press the present bail application filed under Section 439 Cr.P.C. on behalf of the petitioner at this stage, however, seeks liberty to file fresh bail application after recording the statements of the Investigating Officer & Seizure Officer before the learned trial Court.
7. accordingly, the present bail application is dismissed as not pressed with the liberty as prayed for.
The court's decision was influenced by the nature of accusation, gravity of the offence, 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 considered the impact of the COVID-19 pandemic and the absence of specific allegations of dowry demand in granting bail to the accused.
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.
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 has the discretion to grant interim bail under Section 439 of Cr.P.C. based on the totality of the facts and circumstances of the case.
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 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 ....
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