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2025 DAILYLAW 27548 (RAJ)

LAKHAN S/O GOVERDHAN v. STATE OF RAJASTHAN

CRLMB/10390/2025 · 2025-08-22

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:33415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10390/2025 Lakhan S/o Goverdhan, Aged About 41 Years, R/o Chousla Colony Sawar, Police Station Sawar District Ajmer (Raj.) (Present Confined In Sub Jail Kekri District Ajmer) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.54/2024-25, registered at Police Station Excise Kekri, District Ajmer, for the offence(s) under Sections 19/54 of the Rajasthan Excise Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended by learned counsel for the petitioner that the petitioner was not apprehended at the place of occurrence and the recovery was not made from the petitioner’s possession. It is also contended that the petitioner is in custody since 01.08.2025 and trial/investigation of the may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. [2025:RJ-JP:33415] (2 of 3) [CRLMB-10390/2025] 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner is a habitual offender and against him 15 criminal cases pertaining to Sections 16/54 and 19/54 of the Excise Act are pending, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by learned counsel for the petitioner and so also the fact that the petitioner was not found at the place of recovery, therefore, without expressing anything on the merits of the case, this Court deems it proper to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner- Lakhan S/o Goverdhan, in connection with FIR No.54/2024-25, registered at Police Station Excise Kekri, District Ajmer, 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 before the concerned Police Station till conclusion of the trial. 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 accused petitioner on the same day to the concerned trial Court every month without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to [2025:RJ-JP:33415] (3 of 3) [CRLMB-10390/2025] move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-98