[2025:RJ-JP:34633] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8450/2025 Gopal S/o Puniram, Aged About 51 Years, R/o Koli Mohalla, Police Station Lalsot, District Dausa, Raj. (At Present Confined In District Jail Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ankit Nakwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Gopal S/o Puniram, in FIR No. 18/2025-26 dated 20.06.2025 registered at P.S. Excise Prohibition Squad, Dausa, District Dausa whereby the applicant- accused was charged under Section 16/54 of Rajasthan Excise Act. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Learned counsel for petitioner further submitted that there is no criminal antecedent against the petitioner accused and the recovery is not effected in presence of independent witnesses. He further submitted that [2025:RJ-JP:34633] (2 of 3) [CRLMB-8450/2025] without compliance of mandatory provision under the Rajasthan Excise Act and BNSS a seizure memo is prepared by Search and Seizure Officer. He further submitted that still no report of FSL has been received to show that the recovered article is illicit liquor. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the case diary. 6. On the basis of information from informer the petitioner accused was intercepted at 3:00 pm on 20.06.2025 and 55 litre of illicit liquor was recovered from him. After preparing memos this petitioner accused is arrested and he is in custody. There is no criminal antecedent against the petitioner accused. 7. We have considered the provision of Section 49(3) of Rajasthan Excise Act and herein, the matter is at preliminary stage. There is no report on record to show that recovered liquid is illicit liquor, therefore, this is a fit case wherein indulgence of bail can be granted. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused. 9. Thus, the instant bail application filed on behalf of applicants- accused Gopal S/o Puniram, , is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- [2025:RJ-JP:34633] (3 of 3) [CRLMB-8450/2025] with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /70