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2025 DAILYLAW 40580 (RAJ)

BABULAL S/O AMILAL v. THE STATE OF RAJASTHAN

CRLMB/12644/2025 · 2025-10-03

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40248] (1 of 3) [CRLMB-12644/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12644/2025 Babulal S/o Amilal, Aged About 52 Years, R/o Santariya, Police Station Singhana, District Jhunjhunu, Rajasthan. (At Present Accused Confined In Sub Jail Khetri, District Jhunjhunu). ----Petitioner Versus The State Of Rajasthan, Through Its PP ----Respondent For Petitioner(s) : Mr. Sandeep Garssa For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/10/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Babulal S/o Amilal, seeking bail in respect of a criminal case registered as FIR No.243/2025 dated 01.09.2025 registered at P.S. Singhana, District Jhunjhunu for the offence under Section 19/54 of Rajasthan Excise Act, 1950. 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 also submits that there are no chance of fleeing of applicant-accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant-accused submitted that applicant-accused is an innocent person. He submits that 96 quarters of Dhola maru country liquor was recovered from [2025:RJ-JP:40248] (2 of 3) [CRLMB-12644/2025] present petitioner and same is less than 18 bulk litres. He further submits that out of 9 criminal cases registered against present petitioner, 8 were already disposed of and one case is pending in the trial court. He further submits that the applicant is in custody since 17.09.2025 and trial will take its time, thus, the applicant may be enlarged on bail. 4. Learned Public Prosecutor has vehemently opposed the bail application and submissions made by learned counsel for the applicant-accused. 5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 01.09.2025, Mahesh Kumar, ASI, on the basis of information from the informer, has detained present petitioner at 8.25 pm on 01.09.2025 and recovered 96 quarter of Dhola maru country liquor and registered a case under Section 19/54 of Rajasthan Excise Act. Present petitioner is arrested on 01.09.2025 and since then he is in custody. Out of 9 criminal cases registered against present petitioner, six were disposed of on the basis of compromise and two on the basis of fine. Only one criminal case is pending in the trial court. Offence is triable by First Class Magistrate. 7. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- [2025:RJ-JP:40248] (3 of 3) [CRLMB-12644/2025] accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 8. Thus, the instant bail application filed on behalf of applicant- accused Babulal S/o Amilal, is hereby allowed and the applicant-accused is ordered to be released on bail with condition that he would furnish 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 CHARU SONI /84