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  1. Home/
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  3. High Court Of Rajasthan/
  4. 2024/
  5. June

Subhash vs. State of Rajasthan

Decided on 28 June 2024• Citation: CRLMB/7890/2024• High Court of Rajasthan
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               [2024:RJ-JD:26059]                                                   
                    HIGH  COURT   OF JUDICATURE   FOR  RAJASTHAN    AT              
                                        JODHPUR                                     
                  S.B. Criminal Miscellaneous Bail Application No. 7890/2024        
                Subhash S/o Bhagirath Jat, Aged About 37 Years, R/o Hardaswali      
                Bichla Bass, Chak 4 Jbd, Tehsil Rawatsar, Distt Hanumangarh         
                Raj.                                                                
                     (At Present Lodged At Sub Jail Nohar, Hanumangarh)             
                                                               ----Petitioner       
                                          Versus                                    
                State Of Rajasthan, Through PP                                      
                                                             ----Respondent         
               For Petitioner(s)    :  Mr. Prakash Bharti                           
               For Respondent(s)    :  Mr. Anil Joshi, GA-cum-AAG                   
                HON'BLE  MS. JUSTICE  REKHA   BORANA   (VACATION   JUDGE)           
                                          Order                                     
               28/06/2024                                                           
               1.   The present bail application under Section 439 Cr.P.C. has      
               been filed by the petitioner who has been arrested in connection     
               with F.I.R. No.0331/2024 registered at Police Station Rawatsar,      
               District Hanumangarh  for the offence under Sections 19/54 &         
               54(A) of the Rajasthan Excise Act.                                   
               2.   Learned counsel for the petitioner submits that the main        
               accused has already been granted bail. He submits that so far as     
               criminal antecedents of the petitioner are concerned, only one       
               matter of Excise Act is pending against him. He further submits      
               that the offence alleged to have been committed by the petitioner    
               is triable by the Court of Magistrate. The petitioner is in judicial 
               custody and the trial of the case will take sufficiently long time,  
               therefore, the benefit of bail should be granted to the accused-     
               petitioner.                                                          

               [2024:RJ-JD:26059]                            [CRLMB-7890/2024]      
                                          (2 of 2)                                  
               3.   Per  contra, learned Public  Prosecutor has  vehemently         
               opposed the bail application.                                        
               4.   Having  considered  the   rival submissions,  facts and         
               circumstances of the case & the fact that the offence is triable by  
               the Court of Magistrate, without expressing any opinion on merits/   
               demerits of  the case, this Court  is inclined to enlarge the        
               petitioner on bail.                                                  
               5.   Consequently, the bail application under Section 439 Cr.P.C.    
               is allowed. It is ordered that the accused-petitioner - Subhash      
               S/o   Bhagirath   Jat  arrested  in  connection  with  .F.I.R.       
               No.0331/2024   registered at Police Station Rawatsar, District       
               Hanumangarh  shall be released on bail, if not wanted in any other   
               case, provided he furnishes a personal bond of Rs.50,000/- and       
               two sureties of Rs.25,000/- each, to the satisfaction of learned     
               trial court, for his appearance before that court on each & every    
               date of hearing and whenever called upon to do so till completion    
               of the trial.                                                        
                                                      (REKHA  BORANA),VJ            
                23-AbhishekK/-