Kailash vs State Of Rajasthan
2021 Latest Caselaw 9323 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 4977/2021

Kailash S/o Santosh Sansi, Aged About 31 Years, R/o Tehnal Gate Shahpura Police Thana Shahpura District Bhilwara. (At Present At Dist. Jail, Bhilwara).

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha (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.53/2021

of Police Station Shahpura, District Bhilwara 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-4977/2021]

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)

Kailash S/o Santosh Sansi shall be released on bail in connection

with FIR No.53/2021 of Police Station Shahpura, District Bhilwara

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

33-mohit/-

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