The court's decision on granting or dismissing bail was influenced by the presence of the petitioners at the time of recovery and the quantity of spirit recovered, in accordance with the provisions of the Rajasthan Excise Act.

Sandeep Mehta, J.

The present bail applications have been filed under Section 439 Cr.P.C., 1973 on behalf of the petitioners, who are in custody in connection with F.I.R. No.78/2017, Police Station Parsad, Udaipur, for the offences under Sections 16/54, 54D & 56 of the Rajasthan Excise Act.

2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material on record.

3. Petitioner Heera Lal was not present at the time of recovery. His name has been included in the case on the basis of information supplied by Fatehlal from whose house, illicit spirit was recovered. Thus, this Court is of the opinion that the accused petitioner Heera Lal deserves to be released on bail.

4. So far as accused petitioner Fateh Lal is concerned, huge quantity of spirit was recovered from his house and he was present at the time of recovery. Thus, I am not inclined to release the petitioner Fateh Lal on bail.

5. Consequently, the bail application moved on behalf of Heera Lal is allowed. It is ordered that the accused-petitioner, Heera Lal arrested in connection with F.I.R. No.78/2017 P.S. Parsad, Udaipur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each 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.

6. The bail application moved on behalf of Fateh lal is dismissed as being devoid of merit.

7. A copy of the order be placed in each file.