Allowed

Vinod Singh v. State

Rajasthan HC15 Feb 2022CRLMB/1903/2022

Case brief

AI extract

What is this about?

High Court allowed bail to four petitioners accused of offences under the Rajasthan Excise Act. The Court held that since offences are triable by a Magistrate, co-accused were already on bail, and trial will take a long time, the application deserved acceptance without going into merits.

What did the court decide?

Release of accused petitioners on bail on furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Vinod Singh Vs State — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1903/2022

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Vinod Singh S/o Prahalad Singh, Aged About 29 Years, Badau, Ps Khetdi, Dist Jhunjhunu At Present Near Ashirvad Hotel Madaho Wine Shop Office Bhuvana Dist Udaipur.

¶4

Banshilal S/o Kamalchand, Aged About 34 Years, Dhava Tehsil Vallabhnagar, Ps Vallabhnagar, Dist Udaipur.

¶5

Pankaj S/o Ramesh Kumar, Aged About 32 Years, Bhujia Bajar Mahatma Chok, Ps City Kotwali Bikaner, Dist Bikaner At Present Keshav Villa Apartment Flat No.203 Near Celebration Mall District Udaipur.

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Prakash S/o Vardaji, Aged About 31 Years, Village Nandvel, Ps Dabok, Dist Udaipur (Raj.).

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----Petitioners

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State, Through PP

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Versus ----Respondent

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For Petitioner(s) : Mr. J.V.S. Deora For Respondent(s) : Mr. Mukhtyar Khan, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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15/02/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.349/2021 Police Station Kherwada, District Udaipur, registered for the offences under Sections 19/54 & 19/54D of the Rajasthan Excise Act.

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Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

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(2 of 3)

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[CRLMB-1903/2022]

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Learned counsel for the petitioners submits that the offences are triable by the Magistrate; as per para no.5 of the rejection order dated 31.01.2022 passed by learned trial court, no other case is pending against the accused petitioners; the liquor was recovered from Shrawan Kumar and Kishan Singh, who have already been enlarged on bail by this Court vide order dated 17.01.2022; the accused petitioners are behind the bars from 25.01.2002; trial will likely to take long time, therefore, benefit of bail may be granted to the accused petitioners.

¶19

On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioners and stated that as per para no.5 of the rejection order, large quantity of liquor has been recovered from the accused petitioners.

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Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate, coaccused Shrawan Kumar and Kishan Singh has already been granted benefit of bail 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 accused petitioners deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Vinod Singh son of Prahalad Singh (2) Banshilal son of Kamalchand (3) Pankaj son of Ramesh Kumar and (4) Prakash son of Vardaji arrested in connection with F.I.R. No.349/2021 Police Station Kherwada, District Udaipur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five

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(3 of 3)

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[CRLMB-1903/2022]

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Thousand) each to the satisfaction of the learned trial Court for their 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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82-Vij/-

Vinod Singh v. State

Case brief

What is this about?

What did the court decide?

Vinod Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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