Advocates:
['RAMAWATAR SINGH', '', 'MAHENDRA', 'JASSA RAM', 'SUMER SINGH GOUR', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15948/2021

Ramprakash S/o Shri Dana Ra, Aged About 56 Years, B/c Jat,

R/o Unchala Bas, Ward No. 11, Ratau, Tehsil Ladnun Police

Station Ladnun District Nagaur.

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Ramawatar Singh through VC

For Respondent(s)

:

Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/01/2022

Lawyers are not physically appearing in the Court in view of

the unprecedented situation being faced by the country due to

pandemic of novel corona virus (COVID-19).

This application for anticipatory bail has been filed by the

petitioner apprehending his arrest in connection with F.I.R.

No.17/2020-2021, Police Station Excise Ladnun, District Nagaur

for the offence under Section 16/54 of Rajasthan Excise Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that petitioner is

the father of Ashok Kumar who has been arrested from the spot

and from whom the liquor has been recovered. He further submits

that petitioner being unhappy about the dealings of his son, has

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[CRLMB-15948/2021]

already distributed the property in the name of his sons and,

therefore, he is not connected with the recovery of liquor.

Learned Public Prosecutor opposes the bail application.

Having regard to the peculiar facts and circumstances of the

case as also the present situation of the country due to pandemic

of corona virus (COVID-19), in particular the jails, this Court is of

the opinion that it is a fit case for grant of anticipatory bail to the

petitioner under Section 438 Cr.P.C.

Accordingly, the present bail application filed under Sectin

438 Cr.P.C. is allowed and it is directed that in the event of arrest

of petitioner Ramprakash S/o Shri Dana Ra in connection with

F.I.R. No.17/2020-2021, Police Station Excise Ladnun, District

Nagaur, the petitioner shall be released on bail; provided he

furnishes a personal bond in the sum of Rs.50,000/- (Rupees:

Fifty Thousand Only) along with two sureties of Rs.25,000/-

(Rupees: Twenty Five Thousand Only) each to the satisfaction of

the concerned Investigating Officer/S.H.O. on the following

conditions :-

(I)

that the petitioner shall make himself available for

interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with

the facts of the case so as to dissuade him from disclosing

such facts to the court or any police officer; and

(iii)

that the petitioner shall not leave India without prior

permission of the court.

(VINIT KUMAR MATHUR),J

85-/Vivek/-