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2022 Supreme(Raj) 1797
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Gopalram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 538 of 2022
Decided On : 18-01-2022
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.380, S.454
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, ordering the release of the accused on bail with certain conditions.
Fact of the Case:
The petitioner filed a bail application under Section 439 of Cr.P.C. for offences under Sections 454 & 380 of the I.P.C. due to the COVID-19 pandemic.
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 pandemic, deemed it just and proper to release the petitioner on bail.
Issues: Bail application under Section 439 of Cr.P.C. due to the COVID-19 pandemic.
Ratio Decidendi: The court's decision was influenced by the unprecedented situation of the COVID-19 pandemic and the need to address the situation of jails during the pandemic.
Final Decision: The bail application filed under Section 439 of Cr.P.C. was allowed, and the accused was ordered to be released on bail with certain conditions.
Pritam Solanki, Advocate, Shrawan Bishnoi, Advocate, Rajesh Kumar, Advocate
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.531/2021, Police Station Kotwali Nagaur, District Nagaur for the offence under Sections 454 & 380 of the I.P.C.
3. Heard learned counsel for the parties. Perused the material available on record.
4. Learned counsel for the petitioner submits that there is no case of like nature pending or decided against the present petitioner. He further submits that the offences alleged against the petitioner are triable by the Magistrate. Therefore, it is prayed that the petitioner may be enlarged on bail.
5. Learned Public Prosecutor & learned counsel for the complainant oppose the bail application.
6. 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.
7. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Gopalram @ Gopi S/o Shri Bhanwarlal arrested in connection with F.I.R. No.531/2021, Police Station Kotwali Nagaur, District Nagaur 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.
