Hari Ram vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.57/2021 of Police Station Lohawat, District Jodhpur for the offences punishable under Sections 16, 19/54,

54(B)(3), 54-D, 56 of Rajasthan Excise Act and Section 420 and 120-B of IPC. He has preferred this second bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner, charge-sheet has been filed. It is

submitted that the allegation against the petitioner of supplying illicit liquor, which was prepared by co-accused Banwari, is absolutely false. It is also

submitted that the police have failed to collect the definite evidence of this effect that the petitioner was supplying the illicit liquor, which was prepared

by the another co-accused person. It is further submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without

expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Hari Ram S/o Sh. Hanumana Ram

shall be released on bail in connection with FIR No.57/2021 of Police Station Lohawat, District Jodhpur 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.