The High Court of J&K allowed a bail application filed by Kuldip Singh arrested under the Rajasthan Excise Act, deeming it just and proper to release him on bail pending trial.
Petitioner enlarged on bail in FIR No.35/2022 on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12446/2022
Kuldip Singh S/o Succhasingh, Aged About 56 Years, R/o Kalla Ps Govindval Dist. Ratantaran Punjab (Lodged In Dist. Jail Pali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. JVS Deora |
|---|---|
| For Respondent(s) | : Mr. Mukesh Trivedi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
21/09/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.35/2022 Police Station Excise Pali City, District Pali for the offences punishable under Sections 14/57, 19/54 and 54A of the Rajasthan Excise Act.
Learned counsel for the petitioner submits that the offences alleged to have been committed by the petitioner are triable by Magistrate. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
(2 of 2) [CRLMB-12446/2022]
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Kuldip Singh S/o Succhasingh, shall be enlarged on bail in FIR No.35/2022 Police Station Excise Pali City, District Pali provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
184-Rashi/-
1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C. in proceedings under the Rajasthan Excise Act.
2 provisions across 2 enactments
Kuldip Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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