Citation : 2021 Latest Caselaw 6705 Raj
Judgement Date : 5 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3211/2021
Satnam Singh S/o Kushal Singh, Aged About 26 Years, R/o Chak 4 SPS Salempura, PS Sameja Kothi District Sri Ganganagar (Rajasthan). (At Present Lodged In Sub Jail Anoopgarh).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr. R.S. Gill
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/03/2021
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR No.15/2020-
2021 of Police Station Excise Preventive Circle Anoopgarh, District
Sriganganagar for the offence(s) punishable under Section(s)
16/54 KA 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 as per
the prosecution story, 55 liters illicit hand made liquor were
recovered from the possession of co-accused Narender while
transporting the same on a motorcycle. It is submitted that the
petitioner has been arrested in this case as the said motorcycle is
registered in his name. It is submitted that as a matter of fact,
neighbor of the petitioner has borrowed the motorcycle in question
(2 of 2) [CRLMB-3211/2021]
from the petitioner and the petitioner was not aware that co-
accused Narender would use his motorcycle in transporting illegal
hand made liquor. It is submitted that the offence is triable by the
court of Magistrate.
Learned Public Prosecutor has opposed the bail
application(s).
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)
Satnam Singh S/o Kushal Singh shall be released on bail in
connection with FIR No.15/2020-2021 of Police Station Excise
Preventive Circle Anoopgarh, District Sriganganagar 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
75-mohit/-
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