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2021 Supreme(Raj) 392
IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Amar - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 2568 of 2021
Decided on : 19-02-2021
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
RAJASTHAN EXCISE ACT : S.19, S.54
Headnote
Rajasthan Excise Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C, considering the alleged offence triable by Magistrate and without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner(s) were arrested for the offence(s) punishable under Section(s) 19/54 Rajasthan Excise Act and filed bail application(s) under Section 439 Cr.P.C.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner(s) under Section 439 Cr.P.C, considering the alleged offence(s) triable by Magistrate.
Issues: Bail application under Section 439 Cr.P.C
Ratio Decidendi: Granting bail based on the alleged offence(s) being triable by Magistrate and without expressing any opinion on the merits of the case.
Final Decision: The bail application(s) filed under Section 439 Cr.P.C is/are allowed and it is directed that petitioner(s) Amar S/o Kishan shall be released on bail.
M. Raseed, Advocate, Shrawan Bishnoi, Advocate
JUDGMENT
Vijay Bishnoi, J. - Heard.
2. The petitioner(s) has/have been arrested in FIR No.44/2020 of Police Station Bicchiwada District Dungarpur for the offence(s) punishable under Section(s) 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) Amar S/o Kishan shall be released on bail in connection with FIR No.44/2020 of Police Station Bicchiwada District Dungarpur 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.
