RAKESH SHARMA S/O LATE SHRI VASHISTH DEV SHARMA v. STATE OF RAJASTHAN
CRLMB/12500/2024 · 2025-01-09
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31719 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31719 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1295] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12500/2024 Rakesh Sharma S/o Late Shri Vashisth Dev Sharma, R/o 4-L A9, Jawahar Nagar, Jaipur. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prateek Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 09/01/2025
1. The instant pre-arrest bail application has been filed under Section 482 of BNSS. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.44/2024-25 registered at Excise Police Station, District Jaipur City (East) for the offences punishable under Sections 19/54 & 14/54 of Rajasthan Excise Act.
2.
Learned counsel for the petitioner submits that in absence of petitioner, 48 bottles of illegal liquor was recovered by the police. It was alleged that the shop was in possession of the petitioner for which there is no document is available on record. Counsel further submits that there are no criminal antecedents of the petitioner & custodial interrogation of petitioner is not required in this matter.
3. Learned State Counsel opposes the bail application & submits that shop in question belongs to the mother of the petitioner.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that recovery of 36
[2025:RJ-JP:1295] (2 of 2) [CRLMB-12500/2024] litre of liquor has been made in absence of the petitioner & custodial interrogation of petitioner is not required in this matter; absence of criminal antecedents, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Excise Police Station, District Jaipur City (East) in FIR No.44/2024-25 is directed that in the event of arrest of the petitioner – Rakesh Sharma S/o Late Shri Vashisth Dev Sharma, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /136