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2022 DIGILAW 1589 (RAJ)

Vishnu Gurjar v. State of Rajasthan Through PP

2022-05-16

FARJAND ALI

body2022
JUDGMENT 1. The present bail application has been filed under Section 438 Cr.P.C. on behalf of the accused-petitioner Vishnu Gurjar S/o Lohare in connection with FIR No.84/2021 registered at Police Station Masalpur, District Karauli for the offence(s) under Sections 19, 54 of Excise Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case. He has nothing to do with the alleged offence. No useful purpose would be served by keeping him behind the bars till disposal of the case. 3. Learned Public Prosecutor has vehemently opposed the bail applications. 4. Having considered the overall allegations leveled in the FIR and contentions made by the counsel for the accused-petitioner. 5. This Court had granted the protection to the petitioner vide order dated 06.12.2021 restraining from arrest for which till date no complain has been received regarding opposing the liberty. As per Section 49 of the Rajasthan Excise Act the embargo would be applicable for Section 54 of the Excise Act, however the fatter does not applicable in the case pertaining to offence under Section 54 A of the Rajasthan Excise Act thus, in view of the judgment passed by Hon’ble the Supreme Court in Abhishek Kumar Vs. State of Delhi (Criminal Appeal No. 360/2022) on 07.03.2022. Taking into account the totality of facts and circumstances of the case and following the dicta and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application. 6. Accordingly, the anticipatory bail application is allowed. State of Delhi (Criminal Appeal No. 360/2022) on 07.03.2022. Taking into account the totality of facts and circumstances of the case and following the dicta and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application. 6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Masalpur, District Karauli in F.I.R. No. 84/2021 is directed that in the event of arrest of the petitioner- Vishnu Gurjar S/o Lohare 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.