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2015 DIGILAW 115 (RAJ)

Malkiyat Singh @ Pinka v. State of Rajasthan

2015-01-14

VIJAY BISHNOI

body2015
JUDGMENT 1. - This is second bail application. The first bail application was rejected by this Court on 08.12.2014 as not pressed. 2. Learned counsel for the petitioner has submitted that the petitioner is the owner of the truck from which the illegal liquor was recovered by the police. It is contended that at the time of incident, the petitioner was not in the vehicle and the same was being driven by another co-accused person. Learned counsel for the petitioner has also submitted that the petitioner is not involved in any other criminal case and the police after investigation has filed charge-sheet against the petitioner and as the trial of the case will take time he may be released on bail. 3. Learned Public Prosecutor has opposed the bail application. 4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 5. An FIR No.211/2014 has been registered at Police Station, Suratgarh Sadar, District Sri Ganganagar against the petitioner for the offences under Sections 19/54 and 54-A of Rajasthan Excise Act. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner $$- Malkiyat Singh @ Pinka S/o Kashmir Singh shall be released on bail in connection with FIR No.211/2014 of Police Station, Suratgarh Sadar, District Sri Ganganagar provided he executes a personal bond in a sum of Rs. 1,00,000/- with two sound and solvent sureties of Rs. 50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail application allowed. *******