Sanjay Kumar vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.234/2023, registered at Police Station RIICO Aburoad District Sirohi for the offences punishable under sections 14/54 and 19/54 of the Rajasthan Excise Act, 1950.

Learned counsel for the applicant submitted that the offences alleged against the applicant are triable by the Magistrate and neither any recovery nor any investigation remains to be made from the present applicant.

Learned counsel prayed that the present applicant who is behind the bars since 22.12.2023, be extended benefit of bail.

Learned Public Prosecutor vehemently opposed the bail application.

Having regard to the facts and circumstances of the case and considering that offence is triable by Magistrate without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to grant bail to the accused-applicant under section 439 Cr.P.C.

Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicant Sanjay Kumar S/o Ramnand, arrested in connection with FIR No.234/2023, registered at Police Station RIICO Aburoad District Sirohi shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.