(1 of 2) [CRLMB-5482/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5482/2021 Bharat Singh S/o Hanuman Singh, Aged About 36 Years, R/o Bhumbaliya P.s. Ras, Dist. Pali (Presently Lodged In Dist. Jail, Nagour).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr K.S. Rathore through Cisco Webex For Respondent(s) : Ms Anita Gehlot, Public Prosecutor HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment / Order 03/05/2021 As per Office report, copy of the FIR submitted by the petitioner is faint. The defect pointed out by the office is provisionally over-ruled.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
This bail application has been filed under sec.439 CrPC on behalf of the petitioner, who is in custody in connection with FIR No.140/2021 registered at Police Station Merta City, District Nagaur for offence under Sec.19/54 Excise Act.
Learned counsel for the petitioner states that only 147 bottles liquor was recovered from the accused-petitioner, further investigation and trial in the matter will take time.
Per contra, learned Public Prosecutor opposed the Bail Application and requested for obtaining antecedents of the accused-petitioner.
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(2 of 2) [CRLMB-5482/2021] Looking to the facts and circumstances of the matter, particularly that the offence alleged against the petitioner is triable by court of Magistrate and further investigation and trial in the case will take time; without commenting on merits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.
Accordingly, the bail application under Section 439 CrPC is allowed and it is ordered that the petitioner Bharat Singh s/o Hanuman Singh who has been arrested in connection with FIR No.140/2021 registered at Police Station Merta City, District Nagaur, shall be released on bail, provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each, to the satisfaction of learned trial court with the stipulation to appear before that court on all dates of hearing and as & when called upon to do so.
(DEVENDRA KACHHAWAHA),J 103-MMA/-
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