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2025 DAILYLAW 34782 (RAJ)

PARDESHI S/O SHRI GULABCHAND v. STATE OF RAJASTHAN

CRLMB/15870/2024 · 2025-01-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:410] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15870/2024 Pardeshi S/o Shri Gulabchand, Aged About 48 Years, R/o Sansi Basti Dev Nagar Road Pushkar Police Station Pushkar Distt. Ajmer. (At Present Confined At Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Hanish Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 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.373/2024 registered at Police Station Pushkar, District Ajmer (Raj.) for the offence punishable under Section 19/54 of Rajasthan Excise Act. During investigation, offence punishable under Section 19/54 of Rajasthan Excise Act has been found proved against the petitioner. 2. It is contended by learned counsel for the petitioners that the accused-petitioner has falsely been implicated in this case. Counsel submits that alleged offence is triable by the Magistrate. Counsel submits that according to the prosecution case, petitioner was found in possession of seven litre of illicit liquor for which he has not shown any valid licence or permit. Counsel further submits that charge-sheet has been filed in this matter. Petitioner [2025:RJ-JP:410] (2 of 3) [CRLMB-15870/2024] is in custody since 29.11.2024. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is habitual offender and elevan other cases have been registered against 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 is triable by the Magistrate; charge-sheet has been filed in this matter; looking to the custody period, 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 Pardeshi S/o Shri Gulabchand 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 and he shall mark his presence on first week of every month in the concerned [2025:RJ-JP:410] (3 of 3) [CRLMB-15870/2024] police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions 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 them by this Court. (ANIL KUMAR UPMAN),J LALIT MOHAN /306