LAWS(RAJ)-2023-3-53

NAND KISHORE Vs. STATE OF RAJASTHAN

Decided On March 08, 2023
NAND KISHORE Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.65/2022-23 of Police Station Excise Office Unit Nava for the offence punishable under Sec. 16/54, 54D of the Rajasthan Excise Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Ms. Gokul Kumari, daughter of petitioner, present-in-person, 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 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. 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 Sec. 439 Cr.P.C.

(3.) Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nand Kishore S/o Amar Chand shall be released on bail in connection with FIR No. 65/2022-23 of Police Station Excise Office Unit Nava provided he executes a personal bond in a sum of Rs.1,00,000.00 with two sound and solvent sureties of Rs.50,000.00 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.