Allowed

Rajuram v. State

Rajasthan HC19 Aug 2021CRLMB/11053/2021

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application under Section 439 Cr.P.C. for an accused invested under the Rajasthan Excise Act. The Court held that as the offence is triable by the First Class Magistrate and no further investigation/recovery was pending, the bail application deserved acceptance without expressing an opinion on the merits of the case.

What did the court decide?

Bail allowed with personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each.

Rajuram Vs State — Corruption | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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.....

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S.B. Criminal Misc. Bail Application No. 11053/2021

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Rajuram son of Achlaram, age about 23 years, resident of Roli, Police Station Gudamalani, District Barmer (Raj.) (Lodged In District Jail, Jaisalmer) ----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s)	: Mr. J.V.S. Deora.
For Respondent(s)	: Mr. Vikram Sharma,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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19/08/2021

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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. 61/2021, Police Station Mohangarh, District Jaisalmer, registered for the offence punishable under Section 19/54 of the Rajasthan Excise Act.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that the offence is triable by the Magistrate; that the accused-petitioner is behind the bars since 08.08.2021; and that further investigation and trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that in the present case, 130 cartons having 48 – 48 quarters in each carton have

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(2 of 2)

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[CRLMB-11053/2021]

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been recovered from the accused-petitioner. Learned Public Prosecutor requested the Court to call for the antecedents of the accused-petitioner.

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In reply, learned counsel for the petitioner stated at bar that no other case has been registered or is pending against the accused-petitioner and the accused-petitioner has not been found on the spot and that the accused-petitioner is the owner of the vehicle in question only.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that the alleged offence is triable by the First Class Magistrate; that no recovery or investigation is pending against the accused-petitioner; and that 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.

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Consequently, the bail application is allowed. It is ordered that the petitioner, Rajuram S/o Achlaram , arrested in connection with F.I.R. No. 61/2021, Police Station Mohangarh, District Jaisalmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/(Rupees Fifty Thousand only) with two surety bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) 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.

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(DEVENDRA KACHHAWAHA),J

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209-Mohan/-

Rajuram v. State

Case brief

What is this about?

What did the court decide?

Rajuram v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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