AI Structured Summary
Not yet generated for this judgment
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.