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2015 DIGILAW 290 (RAJ)

Deepchand v. State of Rajasthan

2015-02-02

VIJAY BISHNOI

body2015
JUDGMENT 1. - Heard learned Counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. An F.I.R. No. 191/2014 has been registered at Police Station Panchaudi, District-Nagaur against the petitioner for the offences punishable under Sections 19/54 and 19/54-A Rajasthan Excise Act. 3. This Bail Application under Section 439 Criminal Procedure Code has been, filed by the petitioner, who has been arrested in connection with the F.I.R. No. 191/2014 of Police Station Panchaudi, District-Nagaur for the aforesaid offences. 4. Learned Counsel for the petitioner has submitted that name of petitioner is not mentioned in the F.I.R. and the petitioner was also not arrested by the police on the spot. Learned Counsel for the petitioner has further submitted that the petitioner was the owner of the truck from which the illicit liquor was recovered and there is no iota of evidence on record to suggest that the said illicit liquor was transported with the consent of the petitioner. 5. Learned Public Prosecutor has opposed the bail application. 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 Criminal Procedure Code 7. Accordingly, this bail application filed under Section 439 Criminal Procedure Code is allowed and it is directed that petitioner Deepchand S/o Bhanwarlal shall be released on bail in connection with F.I.R. No. 191/2014 of Police Station Panchaudi, District-Nagaur 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. *******