Manish Kumar vs State
2021 Latest Caselaw 9322 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 4969/2021

Manish Kumar S/o Shri Chhaganlal, Aged About 28 Years, R/o Chak 2 R.K.M. Kundal, Police Station Gharsana, Tehsil Gharsana, District Sri Ganganagar (Raj.). (Presently Lodged At Sub Jail Anoopgarh).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Mahaveer Bishnoi (through VC) For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/05/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.45/2020-

21 of Police Station Abkari Gharsana, District Sriganganagar for

the offence(s) punishable under Section(s) 16/54 of 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 after

rejection of first bail application of the petitioner by this court

charge-sheet has been filed. It is further submitted that the

offences alleged to have been committed by the petitioner is

triable by Magistrate.

Learned Public Prosecutor has opposed the bail

application(s).

(2 of 2) [CRLMB-4969/2021]

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)

Manish Kumar S/o Shri Chhaganlal shall be released on bail in

connection with FIR No.45/2020-21 of Police Station Abkari

Gharsana, 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

32-mohit/-

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