HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 199/2022

Ashok Kumar S/o Ganesh, Aged About 50 Years, R/o Ghati

Bankoda, Dist. Dungarpur.

(Presently Lodged In Sub- Dist. Jail, Kherwada)

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Ms. Urvashi Baya through VC

For Respondent(s)

:

Mr. S. S. Rajpurohit, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

18/01/2022

In wake of onslaught of COVID-19, as per guidelines,

lawyers have been advised to refrain from coming to the Courts,

therefore, hearing of the matter is being taken up only through

video conferencing.

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.81/2018-19, Excise Police Station

Kherwara, District Udaipur, registered for the offence punishable

under Sections 19/54 and 19/54-A of Rajasthan Exice Act.

Heard learned counsel for the petitioner through video

conferencing and learned Public Prosecutor, present-in-person.

Perused the material available on record.

Learned counsel for the petitioner stated that offence is

triable by Magistrate; charge-sheet has been filed; petitioner is

behind the bars for approximately one month; as per para 6 of the

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[CRLMB-199/2022]

Rejection Order, no other case is registered 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.

Per contra, learned Public Prosecutor has opposed the bail

application of the accused-petitioner and stated that total 4296

bottles of English liquor & tins of beer and 2160 quarters of

English liquor were recovered from the truck of the accused-

petitioner.

Having regard to the facts and circumstances of the case,

particularly looking to the facts that offence is triable by the First

Class Magistrate; charge-sheet has been filed; accused-petitioner

is behind the bars approximately for one month; 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.

Consequently, the bail application is allowed. It is ordered

that the petitioner, Ashok Kumar S/o Ganesh, arrested in

connection with F.I.R. No.81/2018-19, Excise Police Station

Kherwara, District 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.

(DEVENDRA KACHHAWAHA),J

50-Rashi/-

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[CRLMB-199/2022]