The Court considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Section 439 Cr.P.C.

Headnote:
Bail - Enlargement on Bail - Similarity of Case - COVID-19 Pandemic
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after the rejection of the first bail application. The petitioner was in custody in connection with F.I.R. No.220/2018 for various offenses under the IPC. The principal accused had been enlarged on bail by the Coordinate Bench of the Court, and the petitioner sought bail on similar grounds.
Finding of the Court:

The Court considered the arguments of the petitioner's counsel and the Public Prosecutor, noting that the case of the petitioner was identical to the co-accused who had been enlarged on bail. The Court also took into account the peculiar circumstances prevailing in the country due to the COVID-19 pandemic and granted bail to the petitioner under Section 439 Cr.P.C.
Issues: Enlargement on Bail, Similarity of Case, COVID-19 Pandemic
Ratio Decidendi: The Court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail, as well as the exceptional circumstances due to the COVID-19 pandemic.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.220/2018, Police Station Taranagar (Churu), for the offences under Sections 148, 364, 395, 396, 325, 302, 323, 149 of IPC.

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

3. Learned counsel for the petitioner submits that after rejection of the first bail application on 26/08/2020, the Principal accused Rajendra Singh @ Raja has been enlarged on bail by the Coordinate Bench of this Court vide order dated 02/03/2022. He further submits that injury assigned to the deceased has been specifically attributed to Rajendra Singh @ Raja who has been enlarged on bail. Learned counsel for the petitioner submits that case of the petitioner stands on better footing as no specific injury has been attributed to the present petitioner and except the allegation in omnibus statements, there is nothing on record to connect the present petitioner in the incident, therefore, it is prayed that the petitioner may be enlarged on bail.

4. 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 person who has been enlarged on bail.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused aforesaid who has been enlarged on bail by this Court and also considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

6. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Krishan Kumar S/o Hardat Singh arrested in connection with F.I.R. No.220/2018, Police Station Taranagar (Churu) 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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