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 unprecedented situation of the country due to the COVID-19 pandemic.

Headnote:
Bail Application - Interpretation of Section 439 Cr.P.C. - The court allowed the bail application of the petitioner based on the similarity of the case with co-accused persons who had been enlarged on bail, and the unprecedented situation of the country due to the COVID-19 pandemic, particularly the condition of jails.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for the offence punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC, citing his incarceration for almost one month and the bail granted to co-accused persons.
Finding of the Court:

The court deemed it just and proper to release the petitioner on bail, considering the peculiar facts and circumstances of the case, the similarity of the case with the co-accused persons who had been enlarged on bail, and the current situation of the country due to the COVID-19 pandemic.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the similarity of the case with the co-accused persons who had been enlarged on bail and the unprecedented situation of the country due to the COVID-19 pandemic, particularly the condition of jails.
Final Decision: The bail application of the petitioner was allowed, and it was ordered that the accused-petitioner shall be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

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.06/2019 registered at Police Station Gulabpura, District Bhilwara for the offence punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

4. Learned counsel for the petitioner submits that the petitioner is facing incarceration for almost one month. He further submits that co-accused Parhlad Daroga & Vishnu Khati have been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 15.12.2021 & 24.11.2021 respectively and the case of the present petitioner is not distinguishable from the case of the co-accused persons who have been enlarged on bail. He, therefore, prays that the petitioner may be enlarged on bail.

5. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

6. Having regard to the peculiar facts and circumstances of the case and considering the fact that case of the present petitioner is identical to the co-accused aforesaid who have been enlarged on bail 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 bail application is allowed. It is ordered that the accused-petitioner Sher Singh S/o Biram Singh arrested in connection with FIR No.06/2019 registered at Police Station Gulabpura, District Bhilwara, 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.

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