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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Akash Gujar – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 542 of 2022
Decided On : 18-01-2022
Anticipatory Bail - Offences under IPC and MMDR Act - Court rejected the anticipatory bail application based on the nature of accusation, gravity of the offence, and material on record, but directed the petitioner to surrender and file a bail application before the trial court.
Fact of the Case:
The petitioner filed for anticipatory bail in connection with offences under Sections 379, 467, 468, 120B of IPC read with Section 4/21 MMDR act.
Finding of the Court:
The court rejected the anticipatory bail application but directed the petitioner to surrender and file a bail application before the trial court.
Issues: Anticipatory bail application, nature of accusation, gravity of the offence, surrender and bail application before 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 allowed the petitioner to surrender and file a bail application before the trial court.
Final Decision: The application for anticipatory bail under Section 438 Cr.P.C. was rejected, but the petitioner was directed to surrender before the trial court and file a bail application there.
JUDGMENT
Vinit Kumar Mathur, J. - Lawyers are not 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.143/2021, Police Station Hamirgarh, District Bhilwara for the offences under Sections 379, 467, 468, 120B of IPC read with Section 4/21 MMDR act.
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 akash Gujar S/o Kailas Gujar, surrenders before the trial Court on or before 27/01/2022 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 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 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 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 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....
The court may consider the unprecedented situation of the COVID-19 pandemic, particularly in the jails, as a justifiable ground for granting bail.
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