Mahendra And Others vs State Of Rajasthan

Madan Gopal Vyas, J

The petitioners have been arrested in connection with FIR No.258/2023 of Police Station Rajgarh, District Churu for the offence punishable under Section 19/54 of Rajasthan Excise Act. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is further submitted that offence is triable by the First Class Magistrate. The accused-petitioners are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner Satyendra is a habitual offender.

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 petitioners under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners- 1. Mahendra S/o Shyamlal, 2. Satyendra S/o Tarachand shall be released on bail in connection with FIR No.258/2023 of Police Station Rajgarh, District Churu provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each of them to the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The petitioner No.2 Satyendra is further directed not to take undue advantage of liberty or misuse liberty.