An accused person is entitled to bail if the offences alleged are triable by a Court of magistrate, the trial may take a long time to conclude, and there is a high probability that the accused-petitioner would not abscond or tamper with evidence if released on bail.

Headnote:
Fact of the Case:

The accused-petitioner was arrested for alleged offences under Sections 16/54 & 19/54 of the Rajasthan Excise Act. He filed a bail application under Section 439 Cr.P.C., contending that no case was made out against him and his incarceration was not warranted.
Finding of the Court:

The court found that the offences alleged were triable by a Court of magistrate and that the trial may take a long time to conclude. It also noted that there was a high probability that the accused-petitioner would not abscond or tamper with evidence if released on bail.
Issues: Whether the accused-petitioner should be granted bail under Section 439 Cr.P.C.
Ratio Decidendi: The court held that the accused-petitioner was entitled to bail as the offences alleged were triable by a Court of magistrate, the trial may take a long time to conclude, and there was a high probability that the accused-petitioner would not abscond or tamper with evidence if released on bail.
Final Decision: The court allowed the bail application and ordered that the accused-petitioner be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

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 magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

6. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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