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2025 DAILYLAW 31205 (RAJ)

AMEDARAM S/O SH. REKHARAM v. THE STATE OF RAJASTHAN

CRLMB/12367/2025 · 2025-09-26

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:39863] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12367/2025 Amedaram S/o Sh. Rekharam, R/o Kankrala Mulani Tan Lakdasar, Police Station Bakhasar District Barmer (Raj.). (At Present Confined In Sub Jail Neem Ka Thana District Sikar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajendra P. Gautam For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.EXC/SKR/(38)/2023-24/26 registered at Police Station Excise Circle Neem Ka Thana, District Sikar for offences punishable under Sections 19/54, 14/54 and 54A of Rajasthan Excise Act, 1950. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. It is submitted that co-accused of this case has been granted benefit of bail by Co-ordinate Bench of this Court. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 05.09.2025 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:39863] (2 of 2) [CRLMB-12367/2025] 3. Per contra, learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the petitioner, especially considering the fact that co-accused of this case has been granted benefit of bail by Co-ordinate Bench of this Court, as also the fact that alleged offences are triable by Magistrate, so also the fact that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Amedaram S/o Sh. Rekharam, 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. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /240