High CourtsSingle Bench

Ishwar Suman vs State Of Rajasthan

Rajasthan High Court · Decided on 4 December 2020 · Citation: (2020) 12 RAJ CK 0029

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Rajasthan Excise Act, 1950 — Section 19, 54
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14489 Of 2020
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Judgment

11 paragraphs · 238 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 222/2020 registered

at Police Station Suket, District Kota for the offence(s) under Section(s) 19/54 of Rajasthan Excise Act, 1950.

Learned counsel for the petitioner submits that he has falsely been implicated in this case. He submits that the petitioner is in custody since

17.10.2020, charge-sheet has been filed, the offence is triable by Magistrate, he has no criminal antecedents and prays for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegations against him, his length of custody, filing of the charge-sheet and absence of criminal antecedents; but, without expressing any

opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Ishwar Suman S/o Ghasilal shall be released on bail under Section

439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.