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2025 DAILYLAW 21262 (RAJ)

ASHOK S/O SHRI GENDI LAL v. THE STATE OF RAJASTHAN

CRLMB/7394/2025 · 2025-08-07

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:30586] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7394/2025 Ashok S/o Shri Gendi Lal, Aged About 35 Years, R/o Khatik Mohalla, Khandar, P.s. Khandar, District Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sandeep Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 130/2025 registered at Police Station Khandar, District Sawai Madhopur for the offences under Section 19/54 of Rajasthan Excise Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the offences alleged against the accused- petitioner are exclusively triable by Magistrate. The accused- petitioner is in custody since 20.05.2025 and the trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. [2025:RJ-JP:30586] (2 of 3) [CRLMB-7394/2025] 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that from the possession of the petitioner possession bulk quantity of liquor was recovered and the petitioner was also found to be involved in 2 criminal cases pertaining to offence under Sections 323 and 341 of IPC. The accused-petitioner is a habitual offender, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that the offences alleged against the accused-petitioner are exclusively triable by Magistrate, the accused-petitioner is in custody since 25.05.2025 and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Ashok S/o Shri Gendi Lal, in connection with FIR No. 130/2025 registered at Police Station Khandar, District Sawai Madhopur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the [2025:RJ-JP:30586] (3 of 3) [CRLMB-7394/2025] accused-petitioner on the same day to the concerned Trial Court without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Keshav/138