Lal Singh @ Vijay Singh vs State

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.92/2019, Police Station Sallopat, District Banswara, for the offence under Section 19/54 of the Rajasthan Excise Act.

Learned counsel for the petitioner submits that neither any recovery has been made from the petitioner nor was he found at the place of incident. He further submits that the offence alleged against the petitioner is triable by the Magistrate. It is also submitted that Chandulal, owner of the house, from where the recovery was made, has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 16.07.2019 (S.B. Criminal Misc. Bail Application No.8067/2019) and other co- accused have also been enlarged on bail by a Coordinate Bench of this Court, vide orders dated 20.07.2019 and 04.09.2019.

Mr. Anil Joshi, learned Public Prosecutor, opposing the bail application, submitted that one case of Excise Act and four cases of other offences are pending against the petitioner.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Lal Singh @ Vijay Singh S/o Shri Chatra Singh, arrested in FIR No.92/2019, Police Station Sallopat, District Banswara, shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 26.06.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.