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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Dashrath & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 8 of 2022
Decided On : 17-01-2022
Bail Application - Offences under Rajasthan Bovine Animal Act - The court granted bail to the accused-petitioners based on the facts that the offences are triable by First Class Magistrate, charge-sheet has been filed, accused-petitioners have been in custody for a considerable time, and no other case has been registered against them.
Fact of the Case:
The bail application was filed under Section 439 Cr.P.C. on behalf of the accused-petitioners who were in judicial custody in connection with offences under Rajasthan Bovine Animal Act and Animal Cruelty Act.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioners considering the circumstances of the case and the time spent in custody.
Issues: Bail application under Section 439 Cr.P.C. for accused-petitioners in custody for offences under Rajasthan Bovine Animal Act and Animal Cruelty Act.
Ratio Decidendi: The court's decision was influenced by the fact that the offences were triable by First Class Magistrate, charge-sheet had been filed, accused-petitioners had been in custody for a considerable time, and no other case had been registered against them.
Final Decision: The bail application was allowed, and the accused-petitioners were ordered to be released on bail upon furnishing the specified bonds.
JUDGMENT
Devendra Kachhawaha, J. - In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.
2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.344/2021, Police Station Chhoti Sadari, District Pratapgarh, registered for the offence punishable under Sections 3, 5, 6, 8 & 9 of Rajasthan Bovine animal (Prohibition of Slaughter & Temporary Migration or Export Regulation) act & Section 11 of animal Cruelty act.
3. Heard learned counsel for the petitioners through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
4. Learned counsel for the petitioners stated that offences are triable by Magistrate; charge-sheet has been filed; petitioners are behind the bars since 14.12.2021; no other case has been registered against the petitioners; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioner.
5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners.
6. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-sheet has been filed; accused-petitioners are behind the bars since 14.12.2021; no other case has been registered against the petitioners; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
7. Consequently, the bail application is allowed. It is ordered that the petitioners - Dashrath S/o Babu Lal and Ifran S/o Rasid, both arrested in connection with F.I.R. No.344/2021, Police Station Chhoti Sadari, District Pratapgarh, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each (one shall be a local surety) 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.
The court considered the circumstances of the case and the time spent in custody as key factors in granting bail to the accused-petitioners.
The court considered the circumstances of the case, including the nature of the offense, the petitioner's time in custody, and the expected trial duration, in granting bail.
The court may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.
The court's decision to grant bail was influenced by the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial d....
The court considered the triability of the offences, absence of cruelty to the animals, and the duration of the accused petitioners' custody in granting bail.
The court considered the prolonged custody, absence of injury, and expected lengthy trial period in allowing the bail application.
The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
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