Kailash vs State Of Rajasthan

Heard learned counsel for the petitioner through video conferencing. Learned Public Prosecutor present in person in the Court.

Petitioner has filed this bail application under Section 439 of Cr.P.C.

F.I.R. No. 138/2020 was registered at Police Station Kaithwada District Bharatpur for offence under Sections 16/54 of Rajasthan Excise Act.

It is contended by counsel for the petitioner that recovered liquor is less than 50 ltrs.

Learned Public Prosecutor has opposed the bail application.

I have considered the contentions.

Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

However it is made clear that if the petitioner is involved in similar activities, State would be free to move application for cancellation of bail before the concerned Court.

A copy of this order be sent to concerned SHO for recording this condition in the Village Crime Record Book so that in the event of petitioner's repeating offence, SHO can move the Court for cancellation of bail.