The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, particularly in cases where trial proceedings may be prolonged.

Headnote:
BAIL - Rajasthani Excise Act - The court granted bail under Section 439 Cr.P.C. considering the totality of circumstances, including the likelihood of prolonged proceedings and the need for caution during the COVID-19 pandemic, without expressing an opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.526/2021 for an offence under Section 19/54 of the Rajasthan Excise Act and sought bail under Section 439 Cr.P.C.
Finding of the Court:

The court reviewed the available material and, considering the circumstances, decided to grant bail to the petitioner, emphasizing the need for caution and the potential delay in proceedings.
Issues: Whether the petitioner should be granted bail under Section 439 Cr.P.C. given the circumstances of the case and the ongoing COVID-19 pandemic.
Ratio Decidendi: The court's decision to grant bail was based on the totality of the circumstances, including the expected duration of the trial and the absence of any opinion on the merits of the case.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioner has been arrested in connection with FIR No.526/2021 of Police Station Kothwali, Alwar for the offence punishable under Section 19/54 of the Rajasthan Excise Act. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned Public Prosecutor opposed the bail application.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Naresh S/o Late Shri Bodan Ram shall be released on bail in connection with FIR No.526/2021 of Police Station Kothwali, Alwar provided he executes 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 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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