Rajneesh Kumar vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.76/2022-23 registered at Excise Police Station Kherwara, District Udaipur, for offences under Sections 19/54 and 54-A of the Rajasthan Excise Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by court of Magistrate. Learned counsel submitted that co-accused Nitesh and Mukesh (S.B. Cr. Misc. Bail Application No.14066/2022) have already been enlarged on bail by a coordinate Bench of this Court vide order dated 03.11.2022. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Rajneesh Kumar S/o Sh. Om Prakash arrested in connection with F.I.R. No.76/2022-23 registered at Excise Police Station Kherwara, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.