(1.) This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 96/2021 registered with Police Station Ramgarh, District Alwar for offence punishable under Sections 16/54 of the Rajasthan Excise Act. Heard learned counsel for the accused-petitioner and perused the record.
(2.) It has been submitted on behalf of learned counsel for the petitioner that the petitioner was not arrested on the spot. He was not present at the place of occurrence. The alleged recovery of liquor has been stated to be hundred litre. Co-accused Abdul Sattar, Azad and Mustaka have been released on bail by the concerned trial Court. Petitioner's matter is not different from them. There is no other criminal case pending against the petitioner of like nature. Learned Public Prosecutor has opposed the bail application.
(3.) On consideration of arguments/submissions made by learned counsel for the petitioner, perusal of material on record and looking to the facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems it fit to enlarge the accused-petitioner on bail.