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2025 DAILYLAW 10432 (RAJ)

GAURAV ALIAS GAURAV MAHAKAL S/O SHASHI MOHAN v. STATE OF RAJASTHAN

CRLMB/3486/2025 · 2025-06-27

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:23671] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3486/2025 Gaurav Alias Gaurav Mahakal S/o Shashi Mohan, R/o 53 Indra Colony, Banipark, Panipech, In Front Of Ganesh Mandir, Banipark, Jaipur. ----Petitioner Versus State Of Rajasthan, Through Pp. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE SUDESH BANSAL (V. J.) Order 27/06/2025 1. Instant anticipatory bail application has been filed by petitioner apprehending his arrest in connection with FIR No.141/2022-23 registered at Police Station Excise Prevention Force Jaipur South for the offences under Sections 14/54 of Rajasthan Excise Act, 1950. 2. Having perused the record available before this Court, it appears that after investigation on the basis of call details, whats- app chatting, petitioner has been found involved in the offence with the other co-accused-Radheshyam and against whom charge- sheet has been filed by the Investigating Officer. Investigation qua petitioner has been kept pending under Section 173(8) of Cr.P.C. Petitioner is not co-operating with the investigation and absconding. 3. It is trite law that anticipatory bail can be granted in exceptional circumstances where the court is prima facie of the [2025:RJ-JP:23671] (2 of 2) [CRLMB-3486/2025] view that the applicant has falsely been involved in the crime and would not misuse his/ her liberty. Such proposition of law has been expounded by the Hon’ble Supreme Court in cases of Jai Prakash Singh Vs. State of Bihar [(2012) 4 SCC 379] & State of Madhya Pradesh Vs. Pradeep Sharma [AIR 2014 SC 626]. 4. This Court finds it difficult to discern, at this stage, whether the accused-petitioner has falsely been implicated in the present matter or the case of present petitioner falls under any of the exceptional circumstances, as laid down by the Apex Court in afore-referred cases, more particularly when the matter is under investigation. In such totality of facts & circumstances, this Court is not inclined to grant the benefit of anticipatory bail to petitioner. 5. However, after arguing for some time, counsel for petitioner does not press this bail application and states that petitioner is ready to surrender before the concerned Court. 6. In view of above, the present bail application is hereby dismissed as not pressed. 7. In case petitioner surrenders himself before the concerned Court within a period of 15 days from today and moves a regular bail application which is to be filed before 12.00 PM of working day, the concerned Court may make an endeavor to decide the bail application expeditiously as early as possible, on the same day, if possible. (SUDESH BANSAL (V. J.)),J SACHIN/MAHIMA/62