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 bail.

Headnote:
Bail Application - COVID-19 Pandemic - The court allowed the bail application under Section 439 of Cr.P.C. due to the unprecedented situation of the COVID-19 pandemic, deeming it just and proper to release the petitioner on bail.
Fact of the Case:

The petitioner filed a bail application under Section 439 of Cr.P.C. due to facing incarceration for almost two and a half months in connection with FIR No.184/2021, Police Station Nawa, District Nagaur for the offences punishable under Sections 354 & 452 of IPC.
Finding of the Court:

The court, having regard to the peculiar facts and circumstances of the case as well as the present situation of the country due to the COVID-19 pandemic, deemed it just and proper to release the petitioner on bail.
Issues: The main issue was the petitioner's request for bail due to the prolonged trial period and the impact of the COVID-19 pandemic on the situation of the jails.
Ratio Decidendi: The court considered the unprecedented situation of the COVID-19 pandemic, in particular the situation of the jails, as a justifiable reason to grant bail to the petitioner.
Final Decision: The court allowed the bail application and ordered the release of the accused-petitioner on bail upon fulfilling certain conditions.

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.184/2021, Police Station Nawa, District Nagaur for the offences punishable under Sections 354 & 452 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 petitioner is facing incarceration for almost two and a half months. 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 -Vijay Kumar @ Bijju S/o Sh. Ramkaran arrested in connection with FIR No.184/2021, Police Station Nawa, District Nagaur 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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