Satish Kumar And Others vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.241/2023 registered at Police Station Phalodi, District Jodhpur, for offences under Sections 19/54 and 54A of the Rajasthan Excise Act and Section 120B IPC.

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

Learned counsel for the petitioners submitted that the offences alleged to have been committed by the petitioners are triable by court of Magistrate and no case of similar nature is pending against the petitioners. Learned counsel submitted that the petitioners are 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-petitioners.

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 petitioners on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Satish Kumar S/o Purshotam Das and (2) Sandeep Kumar S/o Dharamveer arrested in connection with F.I.R. No.241/2023 registered at Police Station Phalodi, District Jodhpur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.