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2025 DAILYLAW 17748 (RAJ)

RAMESH KUMAR S/O SH. BHURA RAM v. STATE OF RAJASTHAN

CRLMB/5881/2025 · 2025-07-29

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:28500] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Criminal Misc. Bail Application No. 5881/2025 Ramesh Kumar S/o Sh. Bhura Ram, R/o Narsali Nadai, Police Station Baytu, District Barmer, Presently Resident Of Balotara, Rajasthan. (Presently Confined In Jail Ramganj Mandi, Kota). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With 2. S.B. Criminal Misc. Bail Application No. 7499/2025 Syogi Lal S/o Sh. Chaturbhuj, R/o Sathur, Police Station Hindoli, Presently Resident Of Dhakani, Police Station Hindoli, District Bundi, Rajasthan. (Presently Confined In Jail Ramganj Mandi, Kota). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent 3. S.B. Criminal Misc. Bail Application No. 7500/2025 Mangi Lal @ Gordhan S/o Prabhu Lal, R/o Chatiya Kehdi, Police Station Gogunda, District Udaipur, Rajasthan. (Presently Confined In Jail Ramganj Mandi, Kota). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vikas Kabra, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Vivek Sharma, Add.GA [2025:RJ-JP:28500] (2 of 4) [CRLMB-5881/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/07/2025 1. As all these bail applications have been filed against the order of dismissal of bail applications of the present accused- applicants pertaining to the same FIR, they are being heard and decided by the instant common order. 2. The present bail applications have been filed by the accused-applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 23.04.2025 & 31.05.2025 passed by learned Additional Sessions Judge, Ramganj Mandi, District Kota (Raj.) in connection with FIR No.82/2025, registered at Police Station Morak, District Kota Rural (Raj.) for the offence punishable under Section 19/54 of Rajasthan Excise Act, 1950 (hereinafter referred to as the 'Act of 1950'), by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed. 3. Learned counsel for the accused-applicants submits that case against the accused-applicants is for the offence punishable under Section 19/54 of Act of 1950, which is triable by Judicial Magistrate First Class. Learned counsel argues that as per the prosecution case, 792 litre beer and 1518.48 litre liquor has been recovered from the possession of accused-applicant-Ramesh on 05.04.2025. Learned counsel also argues that the accused- applicant-Ramesh was arrested on 05.04.2025, accused-applicant- Syogi Lal was arrested on 17.05.2025 and accused-applicant- Mangi Lal was arrested on 15.05.2025 and since then, they are behind the bars. Learned counsel contends that the accused- [2025:RJ-JP:28500] (3 of 4) [CRLMB-5881/2025] applicants-Syogi Lal and Mangi Lal have been made accused in the case on the basis of telephonic conversation with each other at the relevant time of recovery. Learned counsel also contends that there is no criminal antecedents of accused-applicant-Ramesh, however, three cases were registered against the accused- applicant-Mangi Lal and one case was registered against the accused-applicant-Syogi Lal, but none of the case against the accused-applicants are of similar nature. It is also submitted that no recovery has been made from the accused-applicants- Syogi Lal and Mangi Lal. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicants be enlarged on bail. 4. On the other hand, learned Public Prosecutor opposes the bail applications on the ground that huge amount of beer and liquor has been recovered from the possession of accused- applicant-Ramesh. Accused-applicants- Syogi Lal and Mangi Lal are also involved in the crime. Therefore, the bail applications of the accused-applicants should be rejected. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the facts and circumstances of the case and also considering the facts that as per the prosecution case, liquor and beer have been recovered from the possession of accused- applicant-Ramesh and he has no license to possess the same; that the accused-applicants are behind the bars since long; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the [2025:RJ-JP:28500] (4 of 4) [CRLMB-5881/2025] merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-applicants. 7. Consequently, the bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused- applicants namely; 1. Ramesh Kumar S/o Sh. Bhura Ram, 2. Syogi Lal S/o Sh. Chaturbhuj & 3. Mangi Lal @ Gordhan S/o Prabhu Lal, arrested in FIR No. 82/2025, registered at Police Station Morak, District Kota Rural (Raj.) shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 8. The Accused-Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /115-117