Allowed

Sanjay S/O Dhanraj v. State of Rajasthan

Rajasthan HC12 Feb 2024CRLMB/338/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's pre-arrest bail application filed under Section 438 Cr.P.C. for offences under the Rajasthan Excise Act. The court noted the petitioner joined the investigation, no recovery was made from him, and co-accused were already granted bail.

What did the court decide?

Pre-arrest bail allowed. Petitioner to be released on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions of availability for interrogation and not leaving India

Sanjay S/O Dhanraj Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:7074]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 338/2024

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Sanjay S/o Dhanraj, Aged About 31 Years, R/o L/37F, Railway Colony, Kisanganj Locoshed, New Delhi

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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. Majhar Hussain For Respondent(s) : Mr. S.K. Mahala, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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12/02/2024

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The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.300/2023 registered at Police Station Shahjahanpur, District Kotputli-Behror for the offences under Sections 19/54 & 54(A) of Rajasthan Excise Act, 1950.

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Learned counsel for the petitioner submits that accused-petitioner has falsely been implicated in this case. He further submits that petitioner has been made accused solely on the fact that vehicle belonging to the petitioner was used in carrying illicit liquor. It is further submitted that co-accused used the car, which was given by the petitioner to the ZOOM Car Company in the lease agreement. It is further submitted that coaccused persons, who were found in possession of illicit liquor, have been granted bail by this Court. It is further submitted that

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[CRLMB-338/2024]

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petitioner has no criminal antecedents of similar nature and he has joined the investigation as directed vide order dated 22.01.2024. He also submits that no interrogation is required from the petitioner in this matter.

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Learned Public Prosecutor vehemently opposes the bail application but fairly concedes that petitioner has joined the investigation.

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Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that no recovery has been made from the possession of the petitioner and other coaccused persons have been granted bail as also petitioner has joined the investigation, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Shahjahanpur, District Kotputli-Behror in FIR No.300/2023 is directed that in the event of arrest of the petitioner – Sanjay S/o Dhanraj, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or

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indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /24

Sanjay S/O Dhanraj v. State of Rajasthan

Case brief

What is this about?

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Sanjay S/O Dhanraj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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