Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.

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

The petitioners were arrested for offences under the Rajasthan Excise Act and sought bail, claiming false implication and lengthy trial.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.
Final Decision: Both bail applications were allowed, and the accused petitioners were directed to be released on bail upon fulfilling specified conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.559/2022 of Police Station Sanchore, District Jalore for the offences punishable under Section 19/54 of the Rajasthan Excise Act. They have preferred these bail applications under Section 439 Cr.P.C.

2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is further submitted that offences are triable by the Magistrate. The accused-petitioners are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.

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, both the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Harish Kumar S/o Akha Ram, and (2) Vishana Ram S/o Rama Ram shall be released on bail in connection with FIR No. 559/2022 of Police Station Sanchore, District Jalore provided each of them executes 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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