Amrit Lal v. State of Rajasthan Date of Order

ORDER S.B. Criminal Misc. Bail Application No.3985/2012 Amrit Lal Vs. State of Rajasthan Date of Order: 25/06/2012. PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS, V.J. Mr. G.R. Goyal, for the petitioner. Mr. Ashok Prajapat, PP for the State. - -

Heard the learned counsel for the applicant and the learned Public Prosecutor.

Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, and, so also, there is bar under Section 492 of the Rajasthan Excise Act for granting anticipatory bail, however, without expressing any opinion on the merits of the case, I am not inclined to extend protection under Section 438 Cr.P.C. to the applicant. Accordingly, the application preferred by the applicant under Section 438 Cr.P.C. is hereby rejected.

However, the learned counsel for the applicant submits that the petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day. 2 of 2

Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is expected that if the applicant-Amrit Lal S/o Siamber Lal Gupta, surrenders before the concerned court and file regular bail application, the court concerned shall consider his bail application, preferably on the same day while taking into consideration the fact that no recovery is required to be made from the petitioner. DJ/- 66 (GOPAL KRISHAN VYAS), V.J.