Shravan Lal vs State Of Rajasthan
2022 Latest Caselaw 5156 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4512/2022

Shravan Lal S/o Nanu Ram, Aged About 50 Years, R/o House No. 9, Jyoti Nagar, Shastri Nagar, Bhilwara At Present 2-S-17, Patel Nagar, Bhilwara.

(At Present Lodged In District Jail, Bhilwara).

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

----Respondent

For Petitioner(s) : Mr. Rakesh Matoria. For Respondent(s) : Ms. Anita Gehlot, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

06/04/2022

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

No.167/2022, Police Station Pratapnagar, District Bhilwara, for the

offence punishable under Section 16/54 Rajasthan Excise Act. He

has preferred this second bail application under Section 439

Cr.P.C.

The first bail application was dismissed by this Court vide

order dated 16.03.2022 as not pressed with liberty to file a fresh

bail application after filing of the challan.

Learned counsel for the petitioner submits that now challan

of the case has already been presented. Counsel further submits

that the offence alleged to have been committed by the petitioner

is triable by Magistrate. The petitioner is in judicial custody and

the trial of the case will take sufficient long time to be concluded,

(2 of 2) [CRLMB-4512/2022]

therefore, the benefit of bail should be granted to the accused-

petitioner.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and gone through the material available on record,

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 second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Shravan Lal S/o

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

No.167/2022, Police Station Pratapnagar, District Bhilwara

provided he executes a personal bond in a sum of Rs.2,00,000/-

and two sound and solvent sureties of Rs.1,00,000/- 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 on the following

conditions:-

(I) that if the petitioner commits any offence in future, then the State is free to file an application for cancellation of his bail before this Court.

(II) that the petitioner will mark his attendance in every two months at the local Police Station of the area of which he is permanent resident.

(MANOJ KUMAR GARG),J 125-prashant/-

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