Raju vs State of Rajasthan - 2023 Supreme(Raj) 1050

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1050

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Raju & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 134 of 2023
Decided On : 06-01-2023

Advocates Appeared:
Manoj Kumar Pareek, Advocate, S.K. Mehar, Advocate

Headnote:
Bail - Rajasthan Excise Act - The court granted bail to the accused petitioners under Section 439 Cr.P.C.
Fact of the Case:

The accused petitioners filed a bail application seeking regular bail for offences under the Rajasthan Excise Act. The counsel for the petitioners argued that the offences alleged are triable by Magistrate and that the trial would take a long time to conclude.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioners should be granted bail in connection with the FIR.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioners.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioners were directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 442/2022 registered at Police Station Bichiwara, District Dungarpur for the offences punishable under Sections 19/54 of Rajasthan Excise Act.

2. Counsel for the petitioners submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioners are behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor has vehemently opposed the bail application.

3. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

4. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Raju S/o Amara; and (2) Arjun S/o Badha shall be released on bail in connection with FIR No. 442/2022 registered at Police Station Bichiwara, District Dungarpur provided each of them execute a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for 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.

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