Allowed

Dungar Singh v. State of Rajasthan

Rajasthan HC2 Feb 2022CRLMB/1047/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. for the petitioner, who was in custody for liquor offences. Considering the offence is triable by a Magistrate, co-accused already on bail, and pending investigation, bail was granted.

What did the court decide?

The petitioner Dungar Singh was released on bail upon furnishing a personal bond of ₹50,000 and two sureties of ₹25,000 each.

Dungar Singh Vs State of Rajasthan — Service and Employment | Rajasthan HC (2022)

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[CRLMB-1047/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1047/2022

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Dungar Singh S/o Shiv Singh, Aged About 27 Years, R/o Charmar Police Station Kurabad, District Udaipur (Raj.). (Presently Lodged at District Jail, Dungarpur).

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----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. Bharat Shrimali through VC 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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02/02/2022

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In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

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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.116/2021 of Police Station Parsad, District Udaipur, registered for the offence punishable under Sections 19/54, 54A of the Rajasthan Excise Act, 1950.

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[CRLMB-1047/2022]

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Heard learned counsel appearing for the petitioner through video conferencing and learned Public Prosecutor, present in person. Perused the material available on record.

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Learned counsel for the petitioner stated that liquor was recovered from the possession of driver Bhanwar Singh as well as helper Khem Singh who has already been granted benefit of bail by the Co-ordinate Bench of this Court vide order dated 18.09.2021; petitioner is the registered owner of the alleged vehicle in which liquor was found; offence is triable by the Magistrate; petitioner is behind the bars approximately since last 15 days; no investigation or recovery is pending against the petitioner; trial of the case will take time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application and stated that as per the rejection order, 35 bottles of Officers Choice English liquor, 7 cartoons each containing 48 quarters of Officers Choice, 90 cartoons each containing 24 tins of of Kingfisher Beer and 48 bottles of McDowells No.1 Whiskey have been recovered in this case from the Car No. GJ 08 AE 5618.

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Having regard to the facts and circumstances of the case, particularly to the facts that offence is triable by the Magistrate; benefit of bail has already been granted to the co-accused persons; further investigation and 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 accused-petitioner - Dungar Singh S/o Shiv Singh, arrested in connection with F.I.R. No.116/2021 of Police

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[CRLMB-1047/2022]

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Station Parsad, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of 50,000/- (Rupees Fifty Thousand) and two sureties of₹ ₹25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the 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.

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(DEVENDRA KACHHAWAHA),J

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77-Arvind/-

Dungar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dungar Singh v. State of Rajasthan

Case brief

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