Chandu @ Chandra Prakash vs State
2021 Latest Caselaw 5588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2654/2021

Chandu @ Chandra Prakash S/o Prahlad Ram Jani, Aged About 34 Years, Koriya Ki Basti, Mokhaba, District Barmer. (At Present Lodged In District Jail Barmer).

----Petitioner Versus State of Rajasthan through P.P.

----Respondent

For Petitioner(s) : Mr. R.J. Punia For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/02/2021 Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No. 65/2017 of Police

Station RGT, District Barmer for the offences punishable under

Sections 19/54, 14/57, 54-D of Rajasthan Excise Act. He has

preferred this bail application under Section 439 Cr.P.C.

From the impugned order passed by the trial court it is clear

that in all, 12 criminal cases were filed against the petitioner in

between the years 2005 to 2017, out of which, 11 cases are of the

Excise Act and one is of the NDPS Act. One case against the

petitioner under the Excise Act was lodged in the year 2017 in

Bihar. It is also noticed that out of those 12 cases, in 9 cases, the

petitioner is absconding.

(2 of 2) [CRLMB-2654/2021]

Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

41-Arun/-

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