KANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri J.R. Chaudhary, Advocate on behalf of the petitioner pertaining to F.I.R. No. 16/08-09 of Excise Police Station, Newai (Tonk) in the offence under Section 16/54 of the Rajasthan Excise Act.

(2.) Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.

(3.) Learned counsel for the petitioner has canvassed that after eight months of registration of the case, the petitioner has been arrested. The field where the illicit liquor was being manufactured does not belong to the petitioner. The name of the petitioner does not figure in the first information report. No identification parade has been conducted by the police so as to link the petitioner with the alleged offence of the instant case. The petitioner has been in custody for the last on month and hence, he may be granted indulgence of bail.