Devendra Kachhawaha, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R.
No.24/2021, Police Station Panarva, District Udaipur, registered for the offence punishable under Section 16/54 of the Rajasthan Excise Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that offence is triable by Magistrate; petitioner is behind the bars since 05.09.2021; no investigation or
recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of
bail may be granted to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that 475 litres mahua handmade liquor &
approximately 25,000 litres mahua wash have been recovered from the accused-petitioner. He further requested to call for the antecedents of the
accused-petitioner.
In reply, learned counsel for the petitioner stated at bar that no other case is registered against the petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the fact that offence is triable by First Class Magistrate; accused-
petitioner is behind the bars since 05.09.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits
of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the petitioner - Anil S/o Heera Lal, arrested in connection with F.I.R. No.24/2021,
Police Station Panarva, District
Udaipur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when
called upon to do so.
