This judgment grants bail to the petitioner, Chokha Ram, arrested under Section 279 IPC and specific sections of the Rajasthan Excise Act. The High Court allowed the bail application under Section 439 Cr.P.C. requiring a personal bond and sureties.
Petitioner released on bail on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
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[2023/RJJD/010839]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4274/2023
Chokha Ram S/o Teja Ram, Aged About 29 Years, R/o Ram Nagar, Riico Area Police Station, Barmer, District Barmer. (Lodged In Sub Jail, Pokaran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. V.R. Bishnoi For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
19/04/2023
The petitioner has been arrested in connection with FIR No.96/2022 of Police Station Nachna, District Jaisalmer for the offences punishable under Section 279 IPC and Sections 19/54, 14, 57, 54-A of the Rajasthan Excise Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offences are triable by the First Class Magistrate. The accused-petitioner is in judicial custody since long. Charge-sheet has been filed and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application.
[2023/RJJD/010839]
[CRLMB-4274/2023]
(2 of 2)
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Chokha Ram S/o Teja Ram shall be released on bail in connection with FIR No. 96/2022 of Police Station Nachna, District Jaisalmer provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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.
(MADAN GOPAL VYAS),J
93-Bharti/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given the charges and custody situation.
3 provisions across 3 enactments
Chokha Ram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
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