Ramesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 10246 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8568/2021

Ramesh Kumar S/o Shri Tarachand, Aged About 43 Years, R/o Aauwa, P.s. Marwar Junction, Dist. Pali Presently R/o D.p.s. Chouraha, P.s. C.h.b. Jodhpur (Presently Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr Om Prakash For Respondent(s) : Mr Sudhir Tak, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

07/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.05/2021-22 registered at Excise Police

Station, Jodhpur City (West) for offence under Section 19/54 of

the Rajasthan Excise Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the petitioner

is neither owner of the space from where the contraband liquor

was recovered nor can it be said to be in possession.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration facts of the case and that there is

no other case pending against the petitioner, I am inclined to

release the petitioner on bail.

(2 of 2) [CRLMB-8568/2021]

Accordingly, this bail application is allowed and it is ordered

that the accused petitioner - Ramesh Kumar S/o Tara Chand

be released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR No.05/2021-22 registered at Excise Police Station,

Jodhpur City (West) provided the petitioner furnishes a personal

bond of Rs.20,000/- with one surety in the like amount, to the

satisfaction of the concerned Magistrate with the stipulation that

he shall comply with all the conditions laid down under Section

437 (3) CrPC.

(SANJEEV PRAKASH SHARMA),J

58-MMA/-

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