Bhup Singh vs State

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR No.44/2018 of Police Station Sahwa, District Churu for the offence punishable under Section 19/54 and 54-A Rajasthan Excise Act. He has preferred this anticipatory bail application under Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, Police seized 100 cartons of country made liquour from Truck No. HR8D5247 on 1.11.2018 in the jurisdiction of Police Station Sahwa, District Churu. Learned counsel has further submitted that at the time of seizure of illegal country made liquour, the aforesaid truck was being driven by co-accused Bhupendra Singh S/o Madan Singh. It is argued that as a matter of fact, co accused Bupendra Singh had already purchased the vehicle No. HR8D5247 from the petitioner, who was the registered owner of the vehicle and in relation to that, the RTA, Bhiwani (Haryana) also issued no objection certificate on 18.11.2016. Learned counsel has further submitted that the petitioner is not connected in any manner with the alleged incident but the police are trying to arrest him while concluding that the case for the offence punishable under Section 54-A of Rajasthan Excise Act is made out against him. Learned counsel has submitted that the vehicle in question was already sold by the petitioner to co-accused Bhupendra Singh, who was transporting the country made liquor in the said vehicle and the petitioner had no knowledge about it.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Bhup Singh S/o Dhanpat in FIR No.44/2018 of Police Station Sahwa, District Churu, he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) He shall not leave India without the previous permission of the court.