The key legal principle established is that the triability of the alleged offence(s) by a Magistrate is a significant factor in considering the grant of bail under Section 439 Cr.P.C.

JUDGMENT

Vijay Bishnoi, J. - Heard.

2. The petitioner(s) has/have been arrested in FIR No.9/2020- 21 of Police Station Excise Kushalgarh District Banswara for the offence(s) punishable under Section(s) 14/54, 19/54 Rajasthan Excise Act. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Tol Singh S/o Galiya shall be released on bail in connection with FIR No.9/2020-21 of Police Station Excise Kushalgarh District Banswara provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/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.