Citation : 2022 Latest Caselaw 6611 Raj
Judgement Date : 6 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5524/2022
Babu Lal S/o Shri Udai Ram, Aged About 30 Years, R/o Jogela (Miyala) Devgarh Ps Dist. Rajsamand (Lodged In Dist. Jail Rajsamand)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devendra Mehlana For Respondent(s) : Mr. S. K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
06/05/2022
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.74/2021, Police Station
Kmalighat(Bheem) Excise Enforcement, District Rajsamand,
registered for the offence under Section 16/54 of Rajasthan Excise
Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the offences
are triable by the Magistrate and the petitioner is behind the bar
and his further incarceration is not required in the case and
further investigation and trial will take sufficiently long time,
therefore, benefit of bail may be granted to the accused petitioner.
On the contrary, learned Public Prosecutor opposed the bail
application of the accused-petitioner.
(2 of 2) [CRLMB-5524/2022]
Having regard to the facts and circumstances of the case,
particularly to the fact that offences are triable by Magistrate and
trial will take sufficiently long time, therefore, without expressing
any opinion on the merits/demerits of the case, this Court is of the
opinion that the bail application filed by the petitioner deserves to
be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner- Babu Lal S/o Shri Udai Ram, arrested
in connection with F.I.R. No.74/2021, Police Station
Kmalighat(Bheem) Excise Enforcement, District Rajsamand, shall
be released on bail, provided they furnish a personal bond of
Rs.50,000/- (Rupees Fifty Thousand) each and two sureties of
Rs.25,000/- (Rupees Twenty Five Thousand) to the satisfaction of
the learned trial Court for 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.
(FARJAND ALI),J 118-nidhi/-
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