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[2025:RJ-JP:22190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5045/2025
1. Nasim S/o Umar, Aged About 22 Years
2. Juned S/o Umar Mohamamd, Aged About 26 Years Both are R/o Village Bhajlaka, P.s. Tavadu, Dist. Mewat Hariyana. (At Present Confined In Central Jail Ajmer). ----Accused/Applicants Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Amit Dadhich, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Naresh Gupta, Dy.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 27/05/2025
1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S., 2023 against the
order dated 01.04.2025 passed by learned Additional Sessions Judge No.1, Kishangarh, District Ajmer in Criminal Bail Application No.105/2025 arising out of FIR No.56/2025, registered at Police Station Kishangarh, District Ajmer for the offences punishable under Sections 19/54 and 14/54 of the Rajasthan Excise Act, 1950 by which the bail application of the accused-applicants under Section 483 of B.N.S.S., 2023 has been dismissed.
2.
Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case.
Learned counsel for the accused-applicants also submits that the
[2025:RJ-JP:22190] (2 of 3) [CRLMB-5045/2025] allegation attributed to the accused-applicants is that 407 bottles of liquor have been recovered from their possession, of which the accused-applicants were not having any permit or licence. Learned counsel further submits that the accused-applicants were arrested on 22.03.2025 and since then, they are behind the bars and there is no criminal antecedent against the accused-applicants.
3.
Learned counsel for the accused-applicants contends that the charge-sheet has already been filed and trial will take long time to conclude and the charges levelled against the accused-applicants are triable by Judicial Magistrate, therefore, the accused- applicants be enlarged on bail.
4. Learned Deputy Government Advocates vehemently oppose this bail application and submit that looking to the huge quantity of liquor recovered from the accused-applicants, the accused- applicants should not be enlarged on bail.
5. Heard learned counsel for the parties and also perused the material available on record.
6. Considering the overall facts and circumstances of the case; the period of custody of the accused-applicants; there is no criminal antecedent against the accused-applicants; the charges levelled against the accused-applicants are triable by Judicial Magistrate and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicants.
7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-
[2025:RJ-JP:22190] (3 of 3) [CRLMB-5045/2025] applicants namely (1) Nasim S/o Umar & (2) Juned S/o Umar Mohammad, arrested in connection with FIR No.56/2025, registered at Police Station Kishangarh, District Ajmer shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- each and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J AARZOO ARORA /155