High CourtsSingle Bench

Raju And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 6 January 2023 · Citation: (2023) 01 RAJ CK 0039

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. 134 Of 2023
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Judgment

6 paragraphs · 241 words

Manoj Kumar Garg, J

The instant bail application has been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 442/2022 registered at Police Station Bichiwara, District Dungarpur for the offences punishable under Sections 19/54 of Rajasthan Excise Act.

Counsel for the petitioners submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioners are behind the bars 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-petitioners.

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 petitioners under Section 439 Cr.P.C.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Raju S/o Amara; and (2) Arjun S/o Badha shall be released on bail in connection with FIR No. 442/2022 registered at Police Station Bichiwara, District Dungarpur provided each of them execute 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 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.