An accused is entitled to bail if the offence is triable by a magistrate, the charge-sheet has been filed, and the accused has been in custody for a long time, with the trial likely to take a long time.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 17011/2021

Charanjeet Singh S/o Satnam Singh, Aged About 24 Years, R/o

Ward No. 2 P.S. Gangagarh, Tehsil And Distt. Hanumangarh

Town. (At Present Lodged In Dist. Jail Hanumangarh)

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. G.D. Mashal through VC

Mr. B.S. Sandhu through VC

For Respondent(s)

:

Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

10/01/2022

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.97/2020-2021, Police Station Anti-

Excise, District Hanumangarh, registered for the offence

punishable under Section 16/54 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

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[CRLMB-17011/2021]

behind the bars since 01.12.2021; 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 four other

cases of similar nature have been registered against the accused-

petitioner and 200 litres illegal handmade liquor has been

recovered from house 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 since 01.12.2021; 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, Charanjeet Singh S/o Satnam Singh,

arrested in connection with F.I.R. No.97/20-21, Police Station

Anti-Excise, District Hanumangarh, 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

65-Rashi/-