Harkesh Kumar Vs. State of Rajasthan

Harkesh Kumar vs State of Rajasthan

Disposition Application allowed Court Rajasthan Decided Feb 25, 2003

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Citation: sooperkanoon.com/751310
Court: Rajasthan High Court
Judge: A.C. Goyal, J.
Decided On: Feb 25, 2003
Case Number: S.B. Criminal Misc. Bail Application No. 107 of 2003
Subject: Criminal
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code, 1973 - Section 438--Rajasthan Excise Act, 1950--Sections 19/54, 54-A--Anticipatory bail--Offence alleged under Sections 19/54, 54-A of Excise Act--Bail declined by Sessions Judge--Held, since recovery has already been made and there is no previous case registered against the petitioner, bail...

Key legal issue: Criminal
Outcome / disposition: Application allowed
Acts & sections: Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Rajasthan Excise Act, 1950 - Sections 19, 54 and 54A

Parties & Advocates

Appellant / Petitioner

Harkesh Kumar

Advocate Shaileshres Balbloda, Adv.

Respondent

State of Rajasthan

Advocate P.S. Chauthary, Public Prosecutor

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Rajasthan Excise Act, 1950 - Sections 19, 54 and 54A
Reported In: RLW2003(2)Raj812; 2004(5)WLC637; 2003(2)WLN382

Excerpt

criminal procedure code, 1973 - section 438--rajasthan excise act, 1950--sections 19/54, 54-a--anticipatory bail--offence alleged under sections 19/54, 54-a of excise act--bail declined by sessions judge--held, since recovery has already been made and there is no previous case registered against the petitioner, bail granted--sho directed to release the petitioner, on bail in event of an arrest after furnishing of personal bond of rs. 20,000 and surety of rs. 20,000.;bail application allowed - goyal, j.1. heard learned counsel for the petitioner learned public prosecutor and perused the case diary. it was argued that recallery has already been made and according to case liary no such precious case was registered against the accord. 2. taking into consideration the entire facts and circumstances of the case, it is just and proper to grant bail to the petitioner under section 438 cr.p.c. 3. therefore, the sho of police station excise code, chirasla is directed that in the event of arrest of petitioner harkesh kumar s/o phool singh in fir no. 35/2002 of aforesaid police station be released on bail provided he furnishes a personal bond in the sum of rs. 20,000/- (rs. twenty thousand) with one sound surety of rs. 20,000/- to the satisfaction of concerned sho on the following conditions :- 1. that the petitioner shall make himself available for interrogation by a police officer as and when required; 2. that the petitioner 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 any police officer; and 3. that the petitioner shall not leave india without previous permission of the court.

Full Judgment

Goyal, J.

1. Heard learned counsel for the petitioner learned Public Prosecutor and perused the case diary. It was argued that recallery has already been made and according to case liary no such precious case was registered against the accord.

2. Taking into consideration the entire facts and circumstances of the case, it is just and proper to grant bail to the petitioner under Section 438 Cr.P.C.

3. Therefore, the SHO of Police Station Excise Code, Chirasla is directed that in the event of arrest of petitioner Harkesh Kumar s/o Phool Singh in FIR No. 35/2002 of aforesaid police station be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- (Rs. Twenty thousand) with one sound surety of Rs. 20,000/- to the satisfaction of concerned SHO on the following conditions :-

1. that the petitioner shall make himself available for interrogation by a Police Officer as and when required;

2. that the petitioner 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 any Police Officer; and

3. that the petitioner shall not leave India without previous permission of the court.

Same Court & Year Rajasthan · 2003 Same Parties Harkesh Kumar vs State of Rajasthan Same Subject Criminal Same Judge A.C. Goyal, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Raja...

Criminal