High CourtsSingle Bench

Om Prakash vs State Of Rajasthan

Rajasthan High Court · Decided on 8 April 2022 · Citation: (2022) 04 RAJ CK 0042

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Rajasthan Excise Act, 1950 — Section 19, 54 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 4753 Of 2022
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Judgment

6 paragraphs · 225 words

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.45/2022 of Nikumbh Police Station, District Chittorgarh for the offence punishable under Section 19/54 of Rajasthan Excise Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that offence is triable by the Magistrate. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has vehemently 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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Om Prakash S/o Nathu Lal Ji, shall be released on bail in connection with FIR No. 45/2022 of Nikumbh Police Station, District Chittorgarh 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 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.