Grant of bail under Section 439 of the Cr.P.C. based on absence of recovery of incriminating material and consideration of circumstances.

1. - This bail application under Section 439 of the Code of Criminal Procedure has been filed by the accused petitioner Sagar Mal in relation to F.I.R. No. 181/2006 registered at Police Station Sadar, Sikar for the offence under Section 19/54 of the Rajasthan Excise Act.

2. Heard learned counsel for accused petitioner, learned Public Prosecutor for the State and perused the material placed during the course of arguments.

3. It was inter alia contended that the liquor has not been recovered from or at the instance of the accused petitioner and he has falsely been implicated in this matter. It was also contended that co-accused from whose possession the so called liquor is said to have been recovered has already been enlarged on bail.

4. Learned Public Prosecutor opposed the bail application.

5. Without making any observation on merits, having considered the rival submissions made at the bar, material placed during the course of arguments and keeping in view entire facts and circumstances, I deem it proper to enlarge the accused petitioner on bail under Section 439 Cr.P.C.In the result, the bail application is allowed and it is ordered that accused petitioner Sagar Mal son of Meva Ram be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- together with two surety bonds each in the sum of Rs. 15,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so during the pendency of the trial against him.Bail application allowed.

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