Bhagirath vs State Of Rajasthan
2021 Latest Caselaw 7020 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3336/2021

1. Bhagirath S/o Shri Hari Ram, Aged About 23 Years, R/o Udai Nagar, Padiyal, Bhojasar Police Station, District Jodhpur.

2. Vishnu S/o Shri Bhajjana Ram, Aged About 20 Years, R/o Ward No.9, Opp. Govt. Hospital, Bajju Police Station, Bajju, District Bikaner.

(Lodged In Sub Jail, Pokaran).

----Petitioners Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/03/2021

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.18/2021 of

Police Station Nachana, District Jaisalmer for the offences

punishable under Sections 19/54 and 54-A of Rajasthan Excise

Act. They have preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioners has submitted that

offences alleged to have been committed by the petitioners are

triable by Magistrate.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-3336/2021]

Having regard to the totality of the facts and circumstances

of the case and taking into consideration the fact that the alleged

offences levelled against the petitioners 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 petitioners under

Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners - (1) Bhagirath

S/o Shri Hari Ram and (2) Vishnu S/o Shri Bhajjana Ram shall be

released on bail in connection with FIR No.18/2021 of Police

Station Nachana, District Jaisalmer provided each of them

executes 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 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

Abhishek Kumar S.No.193

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