Bharat Singh vs State Of Rajasthan
2021 Latest Caselaw 9318 Raj

(1 of 2) [CRLMB-5482/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5482/2021

Bharat Singh S/o Hanuman Singh, Aged About 36 Years, R/o Bhumbaliya P.s. Ras, Dist. Pali (Presently Lodged In Dist. Jail, Nagour).

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

----Respondent

For Petitioner(s) : Mr K.S. Rathore through Cisco Webex For Respondent(s) : Ms Anita Gehlot, Public Prosecutor

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

03/05/2021

As per Office report, copy of the FIR submitted by the

petitioner is faint. The defect pointed out by the office is

provisionally over-ruled.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the material available on record.

This bail application has been filed under sec.439 CrPC on

behalf of the petitioner, who is in custody in connection with FIR

No.140/2021 registered at Police Station Merta City, District

Nagaur for offence under Sec.19/54 Excise Act.

Learned counsel for the petitioner states that only 147

bottles liquor was recovered from the accused-petitioner, further

investigation and trial in the matter will take time.

Per contra, learned Public Prosecutor opposed the Bail

Application and requested for obtaining antecedents of the

accused-petitioner.

(2 of 2) [CRLMB-5482/2021]

Looking to the facts and circumstances of the matter,

particularly that the offence alleged against the petitioner is triable

by court of Magistrate and further investigation and trial in the

case will take time; without commenting on merits of the case,

this Court is of the opinion that the petitioner deserves to be

enlarged on bail.

Accordingly, the bail application under Section 439 CrPC is

allowed and it is ordered that the petitioner Bharat Singh s/o

Hanuman Singh who has been arrested in connection with FIR

No.140/2021 registered at Police Station Merta City, District

Nagaur, shall be released on bail, provided he furnishes a personal

bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each,

to the satisfaction of learned trial court with the stipulation to

appear before that court on all dates of hearing and as & when

called upon to do so.

(DEVENDRA KACHHAWAHA),J

103-MMA/-

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