[2025:RJ-JP:38111] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11594/2025 Prem Kumar S/o Pooran Mal, Aged About 39 Years, R/o Jiliya, P.S. Kuchaman, Distt. Deedwana-Kuchaman, Rajasthan. (Presently Confined At Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girraj Prasad Mr. Bajrang Lal Verma Mr. Prateek Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Prem Kumar S/o Pooran Mal seeking bail in respect of a criminal case registered as FIR No.53/2023-24 registered at P.S. Excise Kishangarh, District - Ajmer, for the offence under Section 19/54 of 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. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:38111] (2 of 4) [CRLMB-11594/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that no recovery is effected from possession of present applicant-accused and now, a charge-sheet has already been filed before the Trial Court. He also submits that a truck is carrying 19500 ltr. of spirit, which was driven by Mujamil, who was granted bail by a Coordinate Bench on 06.02.2025. He further submits that present applicant was neither present on spot nor he was involved in transportation or dealing with illicit spirit. He also submits that present applicant is registered owner of pick-up RJ-21-GD-1433 and on basis of owner-ship present applicant is implicated by Excise Department. He further submits that the recovery of 400 ltr. of spirit is from open place and not from possession of present applicant. At last, he submits that the charge-sheet has already been filed. 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 applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 29.02.2024, Mahaveer Singh, P.O. (EPF), Kishangarh, Ajmer has found that spirit from Tanker No.RJ-31-GB-1943 is transferred in drums stationed on pick-up. After registration of case against unknown persons both the vehicles tanker No.RJ-31-GB-1943 and RJ-21-GD-1433 were seized and case is registered. During investigation, the spirit [2025:RJ-JP:38111] (3 of 4) [CRLMB-11594/2025] was handed over to representatives of M/s Allied Blenders and Distillers Limited, Udaipur and driver of tanker, Mujamil was arrested on 06.08.2024. Mujamil was granted bail by a Coordinate Bench of this Court on 06.02.2025. The investigation is kept pending against Shailesh Kumar Raj Saroha, Prem Kumar and driver of pick-up. Present applicant is arrested on 28.05.2025 and charge-sheet has been filed against him and co-accused Shailesh Kumar Raj Saroha. Present applicant is registered owner of Bolero pick-up RJ- 21-GD-1433 and main accused Mujamil, who was transporting 19500 bulk ltr. of spirit, was already granted bail by a Coordinate Bench of this Court. As per allegations, 400 ltr. of spirit was found in two drums and same was transferred from tanker and at the time of transfer, P.O. (EPF) has reached the spot, but applicant-accused was not found on sport. Considering satisfaction under Section 49 (3) of Rajasthan Excise Act, it is appropriate to consider bail application. 7. 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. 8. Thus, the instant bail application filed on behalf of applicant- accused Prem Kumar S/o Pooran Mal, is hereby allowed [2025:RJ-JP:38111] (4 of 4) [CRLMB-11594/2025] 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. (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. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /28