An accused is entitled to bail if the offense is triable by a magistrate, the accused has been in custody for a long time, and the trial is likely to take a long time.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 17058/2021

Raja Singh S/o Shri Hardutt Singh, Aged About 55 Years, R/o

Amarpura Rathan, Tehsil Pilibanga, Distt. Hanumangarh (Raj.)

(Presently Lodged In Central Jail, Hanumangarh)

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. B.S. Moond 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.555/2021, Police Station Pilibanga,

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; petitioner has falsely been implicated in this

case; petitioner is behind the bars since 04.12.2021; and trial will

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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 five other

cases have been registered against the accused-petitioner out of

which, four cases are of similar nature and 12 litres illegal

handmade liquor has been recovered from 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; accused-petitioner is behind the bars since

04.12.2021; 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, Raja Singh S/o Shri Hardutt Singh,

arrested in connection with F.I.R. No.555/2021, Police Station

Pilibanga, 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

69-Rashi/-