Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13079] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3923/2025 Nisar S/o Shri Gafoor, Aged About 33 Years, R/o Salari Gate Bagaira Police Station Kekri Sadar District Ajmer Presently B-87, Girdharipura Kacchi Basti Vaishali Nagar Jaipur Police Station Karni Vihar Jaipur Rajasthan. (At Present Petitionr Confined At Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nikhil Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 24/03/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.45/2025 registered at Police Station Rupangarh, District Ajmer (Raj.) for the offences punishable under Sections 19/54 & 14/54D of Rajasthan Excise Act.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that admittedly, no liquor was recovered from the possession of the petitioner. Counsel submits that maximum allegation against the petitioner is that he was escorting the vehicle wherein co-accused was carrying liquor. Counsel submits that co-accused namely Abhas Ali has been granted benefit of bail by this Court vide order dated 11.03.2025. Counsel submits that there are no criminal antecedents of the petitioner of similar nature. Petitioner is in custody since 27.02.2025 and trial of the case will take
[2025:RJ-JP:13079] (2 of 2) [CRLMB-3923/2025] considerable time. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that alleged offences are triable by Magistrate; co-accused Abhas Ali has been granted benefit of bail by this Court; absence of criminal antecedents of the petitioner of similar nature; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner- Nisar S/o Shri Gafoor shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observations made herein above are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /48