HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 10120/2022

Ramnaresh S/o Bhanwar Singh, R/o Chureliya, Police Station

Ghatoli, District Jhalwar.

----Accused-Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s)

:

Mr. Praveen Poswal

For Respondent(s)

:

Mr. Babulal Nasuna, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/07/2022

1.

Apprehending his arrest in connection with FIR No.150/2022

registered at Police Station Ghatoli, District Jhalawar for the

offence(s) under Sections 19/54 & 54(A) of Rajasthan Excise Act,

the petitioner has preferred this anticipatory bail application under

Section 438 Cr.P.C.

2.

Learned counsel for the petitioner submits that the petitioner

was not present at the spot. He is made accused on account of

being owner of the vehicle. The embargo contained in Section 49

of the Rajasthan Excise Act does not come in the way where the

accusation comes to Section 54-A of the Rajasthan Excise Act,

thus, the bail application under Section 438 Cr.P.C is maintanable.

3.

Learned Public Prosecutor has vehemently opposed the bail

application.

4.

Considering the contentions put-forth by the counsel for the

petitioner and taking into account the totality of facts and

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[CRLMB-10120/2022]

circumstances of the case and without expressing any opinion on

the merits of the case, this court deems it just and proper to allow

the anticipatory bail application.

5.

Accordingly, the anticipatory bail application is allowed. The

S.H.O/I.O/Arresting Officer, Police Station Ghatoli, District

Jhalawar in F.I.R. No.150/2022 is directed that in the event of

arrest of the petitioner-Ramnaresh S/o Bhanwar Singh he shall

be released on bail, provided he furnishes a personal bond in the

sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/-

each to the satisfaction of the S.H.O/I.O/Arresting Officer of the

concerned Police Station 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 previous permission of the court.

(FARJAND ALI),J

RAJAT KUMAR /140