JUDGMENT

Sandeep Mehta, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.30/2018, Police Station Kotwali Dungarpur, District Dungarpur for offences under Sections 19/54 & 54-A of the Rajasthan Excise Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

3. The petitioner is in judicial custody for the above offences which are magistrate triable. The learned court below has rejected the bail on the ground that two more cases of which one involves offence under the Excise Act have been registered against the present petitioner. However, the co-accused Bharat @ Bhura Lal against whom as many as 12 cases including four punishable under the Excise Act have been registered, has been enlarged on bail by this Court vide order dated 15.04.2019 passed in S.B. Criminal Misc. Bail Application No.4168/2019. Thus, I am of the opinion that the petitioner too deserves same indulgence of bail in this case.

4. In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclin