[2025:RJ-JP:6933] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16377/2023 Mithilal S/o Shri Dharmjeet, Aged About 52 Years, R/o Gurjar Ganvda Police Station Sadar Hindaun City District Karauli (Rajasthan). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jiya Ur Rahman, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 1. The instant pre-arrest bail application has been filed under Section 438 Cr.PC on behalf of the petitioner, who is having apprehension of arrest in FIR No.636/2023 registered at Police Station Sadar Hindaun, District Karauli for the offences punishable under Sections 19/54 and 20/54 of Rajasthan Excise Act, 1950. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that admittedly, no illicit liquor has been recovered from the possession of the petitioner. He argues that Police wants to implicate the petitioner solely on the basis of the fact that vehicle in which illicit liquor was being carried out by the co-accused persons, is in the name of the petitioner. He further argues that said vehicle was sold by the petitioner vide agreement dated 18.02.2022 to co- accused namely- Ram Naresh, who has already been granted [2025:RJ-JP:6933] (2 of 3) [CRLMB-16377/2023] benefit of regular bail by the learned trial Court. He contends that in terms of order dated 01.02.2024, petitioner has already joined the investigation and he was also granted interim protection. He further contends that petitioner is enjoying liberty of interim protection and there is no allegation against him of misusing the said liberty. There are no criminal antecedents against him of similar nature. He submits that custodial interrogation of the petitioner is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by the 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 the counsel for the parties and especially the fact that no illicit liquor has been recovered from the possession of the petitioner and so also considering the fact that co-accused person, who was found in possession of the illicit liquor has already been granted benefit of bail by the learned trial Court; petitioner has joined the investigation and is enjoying interim protection since 01.02.2024 and there is no allegation against him of misusing the liberty; absence of criminal antecedents of similar nature, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the pre-arrest bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sadar Hindaun, District Karauli (Raj.) in FIR No.636/2023 is directed that in the event of [2025:RJ-JP:6933] (3 of 3) [CRLMB-16377/2023] arrest of the petitioner - Mithilal S/o Shri Dharmjeet, 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 their satisfaction 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 petitioners shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN),J MADAN/36