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2025 DAILYLAW 28872 (RAJ)

MAHENDRA KUMAR S/O SHRI POORAN CHAND v. STATE OF RAJASTHAN

CRLMB/10994/2025 · 2025-09-03

Anil Kumar Upman

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:35415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10994/2025 Mahendra Kumar S/o Shri Pooran Chand, Aged About 23 Years, R/o Deoli Police Station Lalsot, Rajasthan. (At Present Accused Petitioner Confined In District Jail Dausa). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Poonam Chand Sharma, Adv., with Mr. Bhawani Saini, Adv., and Mr. Kapil Chanwaria, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/09/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.22/2025-26 registered at Police Station Excise, Dausa, District Dausa for the offence punishable under Section 16/54 of Rajasthan Excise Act, 1950. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offence is triable by Magistrate. He further submits that according to the prosecution case, in absence of the petitioner, 51 litres handmade liquor have been recovered from the shop belonging to the petitioner. He argues that presently, there is one criminal antecedent against the petitioner, which has been withdrawn by the prosecution. He [2025:RJ-JP:35415] (2 of 3) [CRLMB-10994/2025] contends that trial of the case will take considerable time in its conclusion. He further contends that the petitioner is in custody since his 18.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offence triable by Magistrate and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Mahendra Kumar S/o Shri Pooran Chand shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail. [2025:RJ-JP:35415] (3 of 3) [CRLMB-10994/2025] 8. If any breach of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 9. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/266