[2025:RJ-JP:31975] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9071/2025 Anil Kumar S/o Shri Ramotar @ Ramavtar, R/o Purshottampura, Police Station Sharund, District Kotputli Behror (Raj.). (Presently Confined In District Jail Jhunjhunu). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kailash Chand Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Anil Kumar S/o Shri Ramotar @ Ramavtar in FIR No. 168/2025 dated 04.07.2025 registered at P.S. Navalgarh District -Jhunjhunu, whereby the applicant-accused was charged under Sections 19/54 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. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further [2025:RJ-JP:31975] (2 of 4) [CRLMB-9071/2025] assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for petitioner submitted that without any authority, police has raided shop allegedly in possession of present petitioner and recovered english liquor on the ground that without any license the petitioner was selling english liquor. He further submitted that recovered quantity is 113.24 bulk litre and learned trial court has dismissed the bail application on the ground that Section 49(3) of Rajasthan Excise Act mandates for dismissal of such bail application. He further submitted that there is no document to connect present petitioner with the possession of shop. He also submitted that recovered articles were not imported illegally from any other State and there is no allegation in the police report. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station and same is taken on record. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed osn record. 7. On the basis of search in the night of 03.07.2025 by complainant Karpal Singh, ASI, P.S. Navalgarh, he recovered english liquor of different brands and recovered quantity is 113.24 bulk litre. As per police, the shop is in possession of petitioner, who was a tenant at the shop and he was illegally [2025:RJ-JP:31975] (3 of 4) [CRLMB-9071/2025] selling the liquor. The police report clearly indicated that due to night time, no photography was conducted and counsel has seriously contended that there is no document to connect petitioner with possession and tenancy of the shop. Since the matter is at preliminary stage therefore looking to provision of Section 49(3) of Rajasthan Excise Act, we can certainly say there is contentious issue raised by learned counsel for petitioner, 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 applicant- accused Anil Kumar S/o Shri Ramotar @ Ramavtar, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- 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. [2025:RJ-JP:31975] (4 of 4) [CRLMB-9071/2025] (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 PREETI VALECHA /197