ORDER

28/03/2024

1. Lawyers are abstaining from appearing before the Court.

2. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No. Particulars of the Case

1. FIR Number 91/2023-24

2. Concerned Police Station Excise Preventive Force, Mandalgarh

3. District Bhilwara

4. Offences alleged in the FIR Sections 16/54 & 19/54 of the Rajasthan Exice Act

5. Offences added, if any --

6. Date of passing of impugned order 22.03.2024 (2 of 2) [CRLMB-3732/2024]

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

4. Learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. I have perused the material available on record. The offences alleged are triable by a Court of magist