- (1.) THE applicant has moved the present application under Section 439 Cr.P.C., seeking his release on bail in respect of the FIR No. being No.1/2011-12 registered at Excise Police Station Devli, District, Tonk, for the offences under Sections 14/54, 16/54 and 54(D)of Rajasthan Excise Act, 1950.
(2.) HEARD learned advocate for the applicant and learned public prosecutor for the State and perused the relevant material placed before the court. Having regard to the submissions made by the learned counsel for the applicant, it appears that the name of the applicant was disclosed during the course of investigation and thereafter he has been arrested. It further appears that the other co-accused who were found to be in possession of the incriminating drums of litre spirit have already been released on bail by this court vide order dated 25.1.12 passed in S.B.Civil Misc. Application No. Cr. Misc. Bail Application No. 782/12 and 783/12. Hence, without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, this court is inclined to release the present applicant on bail. In view of the above, the application deserves to be allowed. The applicant named Bunty @ Mahaveer S/o Bheru Singh shall be released on bail in connection with FIR No. 1/2011-12 registered at Excise Police Station, Devli, District Tonk on his furnishing personal bond of Rs. 50,000/- and the two sureties of Rs. 25,000/- each of the like amount to the satisfaction of the trial court, on the following conditions:- (a) that the applicant shall make himself available for interrogation by the Investigation Officer as and when required and shall cooperate with the investigation by the Investigation Officer ; (b) the applicant shall not commit any offence similar to the offence of which he is accused or suspected, of the commission of which he is suspected; (c) that the applicant 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 or temper with the evidence; (d) that the applicant shall attend the concerned court as and when directed and found necessary; (e) that the applicant shall not leave the territory of India without previous permission of the concerned trial court, and shall deposit the passport, if any, before the trial court; (f) the applicant shall furnish his present correct residential alongwith the contact number before the trial court and shall also intimate the change, if any, which may take place in future to the trial court.;