The court established that in cases where the accused has been in custody for an extended period and the trial is likely to be delayed, bail may be granted, particularly when the offence is triable by a Magistrate and no further investigations are pending.

Headnote:
BAIL - Rajasthani Excise Act - The court granted bail to the petitioner, emphasizing that the offence is triable by a Magistrate, the petitioner has been in custody since September 5, 2021, and the trial is expected to take a considerable amount of time. The court noted the absence of pending investigations or recoveries against the petitioner, leading to the conclusion that bail should be granted without delving into the case's merits.
Fact of the Case:

The petitioner, Anil, is in judicial custody since September 5, 2021, for an offence under the Rajasthan Excise Act, specifically F.I.R. No.24/2021, involving the recovery of 475 litres of mahua handmade liquor and approximately 25,000 litres of mahua wash.
Finding of the Court:

The court found that the offence is triable by a First Class Magistrate, and considering the duration of custody and the anticipated length of the trial, the court deemed it appropriate to grant bail.
Issues: Whether the petitioner is entitled to bail given the circumstances of the case, including the nature of the offence, duration of custody, and the status of the trial.
Ratio Decidendi: The court held that the length of custody and the nature of the trial, along with the absence of pending investigations, justified the granting of bail, emphasizing the principle that pre-trial detention should not be punitive.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and surety bonds as specified.

JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.24/2021, Police Station Panarva, District Udaipur, registered for the offence punishable under Section 16/54 of the Rajasthan Excise Act.

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

3. Learned counsel for the petitioner stated that offence is triable by Magistrate; petitioner is behind the bars since 05.09.2021; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that 475 litres mahua handmade liquor & approximately 25,000 litres mahua wash have been recovered from the accused-petitioner. He further requested to call for the antecedents of the accused-petitioner.

5. In reply, learned counsel for the petitioner stated at bar that no other case is registered against the petitioner.

6. Having regard to the facts and circumstances of the case, particularly looking to the fact that offence is triable by First Class Magistrate; accused-petitioner is behind the bars since 05.09.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the petitioner - Anil S/o Heera Lal, arrested in connection with F.I.R. No.24/2021, Police Station Panarva, District

8. Udaipur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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