Anwar Khan vs State
2021 Latest Caselaw 17752 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15963/2021

Anwar Khan S/o Shri Mehtabdeen, Aged About 44 Years, R/o Mansuh Dera Baba, P.s. Reysi, District Reysi, Jammu Kashmir. (Presently Lodged At District Jail, Sirohi)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Rakesh Arora. For Respondent(s) : Mr. Mahipal Vishnoi, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

25/11/2021

The petitioner has been arrested in connection with F.I.R.

No.102/2021, Police Station RIICO Aburoad, District Sirohi, for the

offences under Section 19/54 of Rajasthan Excise Act. He has

preferred this second bail application under Section 439 Cr.P.C.

The first bail application was dismissed vide order dated

27.07.2021 by the Coordinate Bench.

Counsel further states that after rejection of the first bail

application, challan of the case has already been presented and no

investigation is pending against the petitioner. Counsel for the

petitioner submits that the offence is triable by the Magistrate.

The accused-petitioner is in judicial custody and the trial of the

case will take sufficient long time to be concluded. Therefore, the

benefit of bail should be granted to the accused-petitioner.

(2 of 2) [CRLMB-15963/2021]

Learned Public Prosecutor has vehemently opposed the bail

application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Anwar Khan S/o Shri

Mehtabdeen shall be released on bail in connection with F.I.R.

No.102/2021, Police Station RIICO Aburoad, District Sirohi

provided he executes a personal bond in a sum of Rs.1,00,000/-

with two sound and solvent sureties of Rs.50,000/- 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.

(MANOJ KUMAR GARG),J

62-prashant/-

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