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2022 Supreme(Raj) 1799
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Mangilal – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 561 of 2022
Decided On : 18-01-2022
Important Points
Subject
Criminal Law - Bail Application
Act Referred
INDIAN PENAL CODE : S.306, S.376(d)
Headnote
Bail Application - COVID-19 Pandemic - The court allowed the bail application under Section 439 of Cr.P.C. due to the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic of corona virus (COVID-19).
Fact of the Case:
The petitioner filed a bail application under Section 439 of Cr.P.C. in connection with FIR No.120/2021, registered for offences under Sections 376-D & 306 of IPC. The petitioner and the deceased were in a relationship, and the deceased committed suicide after her father came to know about it.
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 of corona virus (COVID-19), deemed it just and proper to release the petitioner on bail.
Issues: Bail application under Section 439 of Cr.P.C. due to the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic of corona virus (COVID-19).
Ratio Decidendi: The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic of corona virus (COVID-19).
Final Decision: The bail application filed under Section 439 of Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling certain conditions.
D.L. Rawlam, Advocate, Shrawan Bishnoi, 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 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.120/2021, registered at Police Station Matoda, District Jodhpur for the offences punishable under Sections 376-D & 306 of IPC.
3. Heard learned counsel for the parties. Perused the material available on record.
4. Learned counsel for the petitioner submits that charge-sheet in the case has been filed. He submits that the petitioner and Mst. 'L' were in relationship and were regularly talking to each other on telephone. The call details are on record. He further submits that merely because the fact of relationship between the petitioner and Mst. 'L' came to the knowledge of her father, she got frightened and committed suicide. The conclusion of trial will take sufficient long time, therefore, he prays that the petitioner may be enlarged on bail.
5. Learned Public Prosecutor opposes the bail application. 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.
6. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Mangilal S/o Sh. Birbal Ram arrested in connection with FIR No.120/2021, registered at Police Station Matoda, District Jodhpur 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.
