Khema Ram vs State of Rajasthan

Narendra Kumar Jain, J.—Heard learned Counsel for the Applicant as well as learned Public Prosecutor and perused the material available on record. The Applicant is accused of offence u/s 16/54 of Rajasthan Excise Act.

Learned Counsel for the Applicant submits that co-accused person, namely, Anop has been granted bail by a Coordinate Bench of this Court u/s 439 Code of Criminal Procedure vide order dated 30.05.2011 in S.B. Criminal Misc. Bail Application No. 3306/2011. He further submits that another co-accused, namely, Smt. Sita has also been released on bail by a Coordinate Bench of this Court vide order dated 11.05.2011 in S.B. Criminal Misc. Bail Application No. 3104/2011. He, therefore, submits that the case of the present Applicant is not distinguishable from that of the co-accused persons, and the present accused Applicant may also be released on bail.

Learned Public Prosecutor vehemently opposed this bail application.

Having considered all the relevant facts and circumstances of the case and considering the fact that co-accused persons have also been enlarged on bail by a Coordinate Bench of this Court, without expressing any opinion on the merits of the case, I consider it a fit case to grant bail to the Applicant-accused u/s 439 Code of Criminal Procedure.

Accordingly, this bail application is allowed and it is directed that Applicant - Khema Ram S/o Goda Ram shall be released on bail in FIR No. 57/2011, Police Station Luni, District Jodhpur provided he executes a personal bond in the sum of Rs. 40,000/- along with two sureties of Rs. 20,000/- each, to the satisfaction of the learned trial court on usual conditions and he shall appear before the trial court on each and every date of hearing and whenever called upon to do so till the completion of the trial.