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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.370/2014, registered at Police Station Gangashahar, Distt Bikaner for the offence under Section 19/54 of the Rajasthan Excise Act.
The first bail application submitted on behalf of the petitioner was rejected on 7.3.2017 giving liberty to him renew the prayer of bail after examination of seizure officer at the trial. The seizure officer Arvind Kumar has been examined at the trial by the prosecution as PW2. The contraband liquor was recovered from a room constructed on a plot of land in which the witness Vikram Singh was residing. The I.O. during investigation, did not collect any documentary evidence regarding ownership on the plot in question. Vikram Singh, upon being examined at trial as PW1 did not support the prosecution story and was declared hostile. The seizure officer, in his cross examination candidly conceded that the liquor was not recovered from any of charge-sheeted accused and that apart from the name of the petitioner being written on the gate of premises, no material could be collected during investigation to show that he was in possession of the same.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Bhagirath Makkad arrested in connection with F.I.R. No.370/2014, registered at Police Station Gangashahar, Distt Bikaner shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and 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.