IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.7391/2010 Kishan Lal Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 06.08.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Bharat Yadav, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the offence alleged against the petitioner is under Section 19/54 of the Excise Act, which is triable by a court of 1st Class Magistrate; no recovery is to be made from the petitioner in the matter; the petitioner has been falsely implicated in the case; there is no other case registered against the petitioner; the petitioner would undertake not to indulge himself in any such or other offence in future. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Kishan Lal Son of Shri Hanuta Ram on bail under Section 439 Cr.P.C., in FIR No.7/2010, Police Station Aabkari, Uniara, District Tonk, under Section 19/54 of the Excise Act, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//