Pawan Kumar vs State
2022 Latest Caselaw 6827 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5795/2022

Pawan Kumar S/o Sh. Vijay Kumar, Aged About 30 Years, Larika, P.s. Nasaira, Teh. Koladaral, Dist. Rajauri (Jammu And Kashmir). (Presently Lodged In Sub Jail, Abu Road).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)         :    Mr. Rakesh Arora
For Respondent(s)         :    Mr. S. K. Bhati, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                          Judgment / Order

07/05/2022

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 C.R. No.89/2022, Police Station RIICO Abu Road,

District Sirohi, registered for the offence under Section 19/54 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 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-5795/2022]

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- Pawan Kumar S/o Sh. Vijay Kumar,

arrested in connection with C.R. No.89/2022, Police Station RIICO

Abu Road, District Sirohi, 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 60-neha/-

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