HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 4977/2021 Kailash S/o Santosh Sansi, Aged About 31 Years, R/o Tehnal Gate Shahpura Police Thana Shahpura District Bhilwara. (At Present At Dist. Jail, Bhilwara).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Jitendra Ojha (through VC) For Respondent(s) : Mr. Shrawan Bishnoi, PP HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 03/05/2021 Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.53/2021 of Police Station Shahpura, District Bhilwara for the offence(s) punishable under Section(s) 16/54 of Rajasthan Excise Act. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner by this court charge-sheet has been filed. It is further submitted that the offences alleged to have been committed by the petitioner is triable by Magistrate.
Learned Public Prosecutor has opposed the bail application(s).
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(2 of 2) [CRLMB-4977/2021] Having regard to the totality of the facts and circumstances of the case and taking into consideration that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Kailash S/o Santosh Sansi shall be released on bail in connection with FIR No.53/2021 of Police Station Shahpura, District Bhilwara provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/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.
(VIJAY BISHNOI),J 33-mohit/-
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