2021 (2) TMI 1343 - HC - Central Excise

Accused granted bail in IPC & Excise Act case under Section 439 Cr.P.C.

The court granted bail to the accused petitioner(s) in a case involving offenses under various sections of the IPC and Rajasthan Excise Act. The judge, ... Seeking grant of bail - offence(s) punishable under Section(s) 420, 467, 468, 471, 120-B IPC and under Sections 19/54, 14/57 of Rajasthan Excise Act - HELD THAT:- Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, it is deemed just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C. This/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Chandu @ Chandra Prakash S/o Shri Prahlad Ram shall be released on bail in connection with FIR No.31/2014 of Police Station Guda Endla District Pali provided he/she/they execute(s) 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 learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. Issues: Grant of Bail under Section 439 Cr.P.C.Analysis:The petitioner(s) were arrested in connection with FIR No.31/2014 for offenses under Section 420, 467, 468, 471, 120-B IPC, and under Sections 19/54, 14/57 of Rajasthan Excise Act. The bail application(s) were filed under Section 439 Cr.P.C. The petitioner(s) argued that the alleged offenses are triable by a Magistrate, while the Public Prosecutor opposed the bail application(s).The judge, after considering the facts and circumstances of the case and noting that the alleged offenses are triable by a Magistrate, granted bail to the accused petitioner(s) under Section 439 Cr.P.C. It was ordered that the petitioner(s) shall be released on bail upon executing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to ensure appearance before the trial court on every hearing date until the completion of the trial. The judge clarified that this decision does not express any opinion on the merits of the case.In conclusion, the bail application(s) under Section 439 Cr.P.C. were allowed, and the accused petitioner(s) were granted bail with specific conditions to ensure their appearance before the trial court.