MAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application under Section 439 CrPC has been preferred by the petitioner Mam Chand @ Bhola Ram S/o Teja Ram, who is in custody in connection with the F.I.R. No.8/2021 registered at the Police Station Kuchera, District Nagaur for the offence under Section 19/54 of the Rajasthan Excise Act.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) The petitioner has been arrested in this case for the above offence, which is triable by a Court of Magistrate. It may be mentioned here that the consignment of liquor was recovered from an un-numbered Bolero vehicle, in which co-accused Sunil and Kaluram were found present. That the bail application Nos.796/2021 and 1157/2021 preferred by co-accused Kalu Ram and Sunil respectively have been accepted by this court vide orders dated 25.01.2021. The petitioner as been implicated in this case simply on the basis of the interrogation note of the co- accused persons, the admissibility whereof is questionable. It indeed a matter of great concern that while rejecting the application for bail filed on behalf of the present petitioner, the trial court did not even refer to the orders passed by this court, whereby the bail applications of the co-accused persons (From whom recovery was effected) were accepted as above. This court considered this aspect in the case of Ajaypal v. State of Rajasthan [S.B. Criminal Misc. Bail Application No.14683/2020] and observed as below :-