High CourtsSingle Bench

Brijmohan vs State Of Rajasthan

Rajasthan High Court · Decided on 20 January 2021 · Citation: (2021) 01 RAJ CK 0197

HON’BLE JUDGES
Inderjeet Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Essential Commodities Act, 1955 — Section 3, 7 · Indian Penal Code, 1860 — Section 409
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 438 Of 2021
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

11 paragraphs · 223 words
1.

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 474/2020

Registered at Police Station, Chhabra, District Baran for the offence(s) under Section 3/7 of Essential Commodities Act (in FIR) and under Section

3/7 of Essential Commodities Act and 409 of IPC (in Order).

2.

Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the petitioner is having

licence to distribute essential commodities since 1997. Counsel further submits that the allegation against the petitioner is that he has embezzled 164.10

quintal of wheat. Counsel further submits that the case is triable by the First Class Magistrate. Counsel further submits that no other criminal case is

pending against the petitioner. Counsel further submits that the petitioner is in custody since 14.12.2020.

3.

Learned Public Prosecutor has opposed the bail application.

4.

Considering the material on record and also considering the period of custody and taking into account the facts and circumstances of the case and

without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial

Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.