Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1795

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Leela W/o Mahendra & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 28 of 2022
Decided On : 17-01-2022

Advocates appeared:
Vivek Sharma, Advocate, S.K. Bhati, Advocate, R.S. Chundawat, Advocate

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.

Headnote:
Bail Application - COVID-19 Pandemic - The court allowed the bail application of the accused, considering the unprecedented situation due to the COVID-19 pandemic and the absence of specific allegations of dowry demand against the accused.
Fact of the Case:

Bail application filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody for the offence punishable under Sections 498-a, 302 & 201 of IPC.
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 petitioners on bail.
Issues: The issue of granting bail to the accused in connection with a case involving serious offences and the absence of specific allegations of dowry demand against the accused.
Ratio Decidendi: The court's decision was influenced by the unprecedented situation of the COVID-19 pandemic, the absence of specific allegations of dowry demand against the accused, and the peculiar facts and circumstances of the case.
Final Decision: The bail application filed under Section 439 of Cr.P.C. was allowed, and the accused-petitioners were ordered to be released on bail.

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 petitioners who are in custody in connection with FIR No.32/2021, registered at Police Station Rol, District Nagaur for the offence punishable under Sections 498-a, 302 & 201 of IPC.

3. Heard learned counsel for the parties. Perused the material available on record.

4. Learned counsel for the petitioners submits that petitioners are mother-in-law and brother-in-law of the deceased. He further submits that there is no specific allegation of demand of dowry on the present petitioners. He, therefore, prays that the petitioners may be enlarged on bail.

5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently 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 petitioners on bail.

7. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioners -(1) Leela W/o Mahendra & (2) Surendra S/o Mahendra arrested in connection with FIR No.32/2021, registered at Police Station Rol, District Nagaur shall be released on bail provided each of them 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.

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