Allowed

Ashok Kumar Sansi S/O Shri Sundarlal Sansi v. State of Rajasthan

Rajasthan HC22 May 2024CRLMB/4958/2024

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of the accused seeking release on bond for an offence under the Rajasthan Excise Act. The court considered the magistrate-triable nature of the offence and the quantity of liquor as factors favouring bail.

What did the court decide?

Accused enlarged on bail upon furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Ashok Kumar Sansi S/O Shri Sundarlal Sansi Vs State of… — Bail and Remand | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 4958/2024

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Ashok Kumar Sansi S/o Shri Sundarlal Sansi, Aged About 50 Years, R/o Village Nasirada, Police Station Deoli, District Tonk. At Present Kachchi Basti Sms Colony, Gyatri Nagar, Shipra Path Jaipur (Raj). (Presently Confined In District Jail At Jaipur).

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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. Vivek Goyal For Respondent(s) : Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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22/05/2024

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Petitioner has filed this second bail application under Section 439 of Cr.P.C.

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F.I.R. No. 203/2024 was registered against the petitioner at Police Station Shipra Path, District Jaipur (South) for the offence punishable under Section 19/54 of Rajasthan Excise Act, 1950.

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After dismissing the first bail application on merits, this second bail application has been preferred on behalf of the accused-petitioner.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that alleged offence is triable by magistrate. According to the prosecution case, petitioner was found in possession of 48 quarters of country made liquor. It is submitted that the aforesaid

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[CRLMB-4958/2024]

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(2 of 3)

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quantity recovered from the possession of the petitioner is within permissible limit. Petitioner is in custody since 04.03.2024. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. He thus, prays that petitioner may be enlarged on bail.

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Learned Public Prosecutor opposes the bail application and submits that 18 other cases have been registered against the petitioner. Thus, he should not be enlarged on bail. 6. In rebuttal learned counsel for the petitioner submits that most of the cases registered against the petitioner have been disposed of.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that alleged offence is triable by magistrate and so also considering the fact that quantity of liquor recovered is within permissible limit; charge-sheet has been filed as well as looking to the custody period, but without commenting anything on merits and demerits of the case, I deem it proper to allow the second bail application.

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This second bail application is accordingly allowed and it is directed that accused-petitioner Ashok Kumar Sansi S/o Shri Sundarlal Sansi shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/(Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear

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(3 of 3)

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[CRLMB-4958/2024]

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before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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It is made clear that the accused petitioner shall not involve in any other similar offence during currency of the bail and he shall mark his presence on first monday of every month in the concerned police station.

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If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.

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(ANIL KUMAR UPMAN),J

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ANAND TANWAR /66

Ashok Kumar Sansi S/O Shri Sundarlal Sansi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar Sansi S/O Shri Sundarlal Sansi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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