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2025 DAILYLAW 40992 (RAJ)

CHUNARAM S/O NAGARAM v. STATE OF RAJASTHAN

CRLMB/13676/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42822] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13676/2025 1. Chunaram S/o Nagaram, Aged About 25 Years, R/o Chhitar Ka Par Police Station Nagana District Barmer (At Present Confined At Central Jail Kota). 2. Kherajram S/o Himtaram, Aged About 35 Years, R/o Heeradeshar Police Bhopalgarh District Jodhpur (At Present Confined At Central Jail Kota). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/10/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused- petitioner in respect of F.I.R. No. 164/2025 registered at Police Station Kanwas, District Kota Rural for the offences punishable under Sections 19 & 54 of Rajasthan Excise Act, 1950.. 2. It is submitted that the allegation against the petitioners is under Section 19/54 of Excise Act and recovery of liquor has been shown to be made from the petitioners. It is submitted that the petitioners are driver and conductor of the truck and they do not own the goods loaded on the truck. There are no criminal antecedents against the petitioners with regard to Excise Act. It is submitted that both the petitioners are behind the [2025:RJ-JP:42822] (2 of 3) [CRLMB-13676/2025] bar since 14.09.2025. No further recovery is to be effected from them, hence, they are no longer required for custodial interrogation. Trial is likely to take considerably long time. Therefore, request has been made to grant bail to the petitioner. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In light of the fact that recovery of liquor has already been made and thereafter, in view of the fact that the petitioners are under custody since 14.09.2025 and by this time, the investigation must have been completed against the petitioners and no criminal antecedents under Excise Act has been shown against the petitioners, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Chunaram S/o Nagaram & Kherajram S/o Himtaram shall be released on bail in pursuance of F.I.R. No. 164/2025 registered at Police Station Kanwas, District Kota on each of them furnishing a personal bond of Rs.1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused- petitioner shall also follow the conditions as under:- (i) they shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) they shall not leave the country without prior permission of the Court. [2025:RJ-JP:42822] (3 of 3) [CRLMB-13676/2025] (iii) they shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA),J NEERU/292