RAM BABU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application has been filed by the petitioners Ram Babu Singh and Bijendra Kumar under section 439 Cr.P.C. in criminal case No. 80/11 in FIR No. 280/2010 registered at Police Station Ajitgarh, District Sikar for offence under Sections 420, 467, 468, 471, 406 and 120-B IPC. Brief facts of the case are that an FIR No. 280/2010 was registered at Police Station Ajitgarh in which it was stated that M/s. Agribiotech Industries Pvt. Ltd. moved a written application in the office of Excise inspector, Neem-Ka-Thana stating that M/s. Premier Distilleries Pvt. Ltd. Puducheri has placed an order for supply of 40000 ltrs. extra neutral alcohol and in support thereof it had produced a "No objection Certificate" of Deputy Commissioner (Excise) Puducheri dated 3.11.2010. According to this No objection Certificate 40,000 Ltrs. Extra neutral alcohol was permitted to be exported. On the basis of aforesaid imported permit the District Excise Officer Sikar has issued import permits SKR 016490 dated 22.11.2010 and SKR 016491 dated 22.11.2010. Thereafter on the basis of the aforesaid import permit transportation permit No. SKR 012791 dated 22.11.22010 and SKR 012792 dated 22.11.2010 were issued. On the basis of these export and transport permits in two tankers 20,000 ltrs. each extra neutral alcohol (total 40,000 ltrs.) were loaded for onwards delivery to M/s. Premier Distilleries Pvt. Ltd. RS No. 62/08 Madu Karai Road Manglam, Village Villianur Commune Puducherry. Thereafter the Deputy Commissioner Puducherry has informed to the Excise authorities that the alleged aforesaid "No Objection Certificate" was not issued by his office and the same is forged. In this manner the accused petitioner deceived to the department and obtained the export permits and transportation permits. On the basis of the aforesaid report FIR No. 280/2010 was registered at Police Ajitgarh for the offence under sections 420, 467, 468, 471 and 406 IPC. After investigation the police has arrested the accused petitioners.

(2.) Thereafter the accused persons have moved bail application before the trial court under section 437 Cr.P.C. which was dismissed and thereafter before the Court of Addl. Sessions Judge (Fast Track) No. 2 Sikar Headquarter at Srimadhopur which was also dismissed vide order dated 5.1.2011. The petitioners Ram Babu Singh and Bijendra Kumar earlier filed bail applications under Section 439 Cr.P.C., which were registered as S.B. Criminal Misc. Bail Application No. 210/2011 and S.B. Cr. Misc. Bail Application No. 211/2011. By the order dated 12.1.2011, this court rejected the bail application No. 210/2011 observing as under:

(3.) Similar bail rejection order was also passed in the Bail Application No. 211 of 2011 filed by petitioner Bijendra Kumar and Vijay Kumar Sharma on 12.1.2011.