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Phalesh vs State Of Rajasthan

Rajasthan High Court · Decided on 30 August 2022 · Citation: (2022) 08 RAJ CK 0065

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Rajasthan Excise Act, 1950 — Section 19, 54
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 11213 Of 2022
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Judgment

7 paragraphs · 220 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.144/2022 Police Station Motagaon, District Banswara for the offences punishable under Section 19/54 of the Rajasthan Excise Act.

Upon perusal of the record of the case, it appears that the offences alleged to have been committed by the petitioner are triable by Magistrate; the petitioner is in the judicial custody and the trial of the case will take sufficiently long time.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Phalesh S/o Shankarlal, shall be enlarged on bail in FIR No.144/2022 Police Station Motagaon, District Banswara provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.