High CourtsSingle Bench

Bholu Ram vs State Of Rajasthan

Rajasthan High Court · Decided on 27 April 2023 · Citation: (2023) 04 RAJ CK 0122

HON’BLE JUDGES
Dr. Nupur Bhati, J
ACTS & SECTIONS REFERRED
Rajasthan Excise Act, 1950 — Section 16, 54 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous II Bail Application No. 4560 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 265 words

Dr. Nupur Bhati, J

1.

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

2.

The petitioner has been arrested in FIR No.81/2023 dated 02.02.2023 registered at Police Station Parbatsar Excise Enforcement, District Nagaur for the offence punishable under Section 16/54 of Rajasthan Excise Act. He has preferred second bail application under Section 439 Cr.P.C.

3.

Learned counsel for the petitioner submits that the first bail application of the petitioner was dismissed vide order dated 20.03.2023 while granting him liberty to come before the Court after filing of the charge-sheet. He further submits that now, the charge-sheet has been filed.

4.

Learned Public Prosecutor opposes the bail application.

5.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case and considering the fact that the trial will consume time, I deem it just and proper to grant second bail to the accused petitioner under Section 439 Cr.P.C.

6.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner- Bholu Ram S/o Shri Uma Ram in connection with FIR No.81/2023 dated 02.02.2023 registered at Police Station Parbatsar Excise Enforcement, District Nagaur, shall be released on bail; provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.