Narain Lal And Others vs State

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).

The present applications for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with F.I.R. No.484/2021, Police

Station Nimbahera Sadar, District Chittorgarh.

Learned counsel for the petitioner submits that since petitioner Narayan Lal has already preferred a separate bail application being S.B. Criminal

Misc. Bail Application No.715/2022, therefore he does not want to press the bail application qua petitioner Narayan Lal in S.B. Criminal Misc. Bail

Application No.1322/2022.

I have gone through the impugned order as well as pleading in the bail application.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of

the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under

Section 438 Cr.P.C. to the petitioners. Accordingly, the applications preferred by the petitioners under Section 438 Cr.P.C. are hereby rejected.

However, it is submitted on behalf of the petitioners that petitioners are ready to surrender before the concerned court, which may consider their bail

application on the same day.

Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioners (1) Narain Lal

S/o Pokhar (2) Jitendra S/o Sh. Narayan Lal surrender before the trial Court on or before 11.02.2022 and files a bail application, the concerned trial

Court shall consider their bail application preferably on the same day in accordance with law.