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2025 DAILYLAW 26212 (RAJ)

VIKRAM SAINI @ VICKY S/O RAMU SAINI v. STATE OF RAJASTHAN

CRLMB/9710/2025 · 2025-09-16

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:37872] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9710/2025 Vikram Saini @ Vicky S/o Ramu Saini, Aged About 26 Years, R/o Rampur, Police Station Bansur, At Present Rental House Village Balawas Police Station Bansur, District Kotputli Behror (Raj.) (At Present Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Vikram Saini @ Vicky S/o Ramu Saini seeking bail in respect of a criminal case registered as FIR No.131/2025 dated 16.04.2025 registered at P.S. Bansur, District – Kotputli Behror, for the offence under Section 19/54 of Rajasthan Excise Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:37872] (2 of 4) [CRLMB-9710/2025] 3. Learned counsel for applicant submits that police has allegedly recovered 216 bottles of English Liquor from a shop, but this shop is not in possession of present applicant- accused. He also submits that as per FIR, present applicant was not found when police has searched the premises. He also submits that total seized liquor is 147.61 bulk ltr. He also submits that after investigation, police has already filed a charge-sheet. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 15.04.2025 Ram Veer Singh (ASI) with police team on information from an informant has reached Village Mehanpur and found that liquor is sold from a shop and on enquiry, police has came to know that the shop belongs to Vicky, who fled from the shop after noticing presence of police. Police has recovered 588 quarters, 76 half, 23 bottles of English Liquor of different brands along with 12 bottles of beer. This indicate that 149 bulk ltr. of English Liquor of different brands and 9 ltr. of beer were recovered and seized by police on 15.04.2025. The police has identified the present applicant as an occupier tenant of the premises from where articles were seized. Present applicant-accused is arrested on 14.07.2025 and a charge-sheet has already been filed [2025:RJ-JP:37872] (3 of 4) [CRLMB-9710/2025] against him. There are two criminal cases relating to Section 19/54 of Rajasthan Excise Act. 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, and applicant was not found at the time of recovery and seizure, 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 Vikram Saini @ Vicky S/o Ramu Saini, is hereby allowed and 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) If applicant-accused is found in dealing with excisable article in any manner after being released on bail then this order will be recalled by learned Additional Sessions Judge Bansur, District Kotputli Behror on an application preferred by prosecution. [2025:RJ-JP:37872] (4 of 4) [CRLMB-9710/2025] (ii) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (iii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) 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. (v) 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 GAURAV /121